His Honour Judge Peter Smithwick For the Tribunal

179
A P P E A R A N C E S The Sole Member : His Honour Judge Peter Smithwick For the Tribunal : Mrs. Mary Laverty, SC Mr. Justin Dillon, SC Mr. Dara Hayes, BL Mr. Fintan Valentine, BL Instructed by: Jane McKevitt Solicitor For the Commissioner of An Garda Siochana : Mr. Diarmuid McGuinness, SC Mr. Michael Durack, SC Mr. Gareth Baker, BL Instructed by: Mary Cummins CSSO For Owen Corrigan : Mr. Jim O'Callaghan, SC Mr. Darren Lehane, BL Instructed by: Fintan Lawlor Lawlor Partners Solicitors For Leo Colton : Mr. Paul Callan, SC Mr. Eamon Coffey, BL Instructed by: Dermot Lavery Solicitors

Transcript of His Honour Judge Peter Smithwick For the Tribunal

A P P E A R A N C E S

The Sole Member: His Honour Judge Peter Smithwick

For the Tribunal: Mrs. Mary Laverty, SCMr. Justin Dillon, SCMr. Dara Hayes, BLMr. Fintan Valentine, BL

Instructed by: Jane McKevitt

Solicitor

For the Commissioner of An Garda Siochana: Mr. Diarmuid McGuinness, SC

Mr. Michael Durack, SCMr. Gareth Baker, BL

Instructed by: Mary CumminsCSSO

For Owen Corrigan: Mr. Jim O'Callaghan, SCMr. Darren Lehane, BL

Instructed by: Fintan Lawlor Lawlor Partners Solicitors

For Leo Colton: Mr. Paul Callan, SCMr. Eamon Coffey, BL

Instructed by: Dermot Lavery Solicitors

For Finbarr Hickey: Fionnuala O'Sullivan, BL

Instructed by: James MacGuill & Co.

For the Attorney General: Ms. Nuala Butler, SCMr. Douglas Clarke, SC

Instructed by: CSSO

For Freddie Scappaticci: Niall Mooney, BL

Instructed by: Michael FlaniganSolicitor

For Kevin Fulton: Mr. Michael O'Higgins, SC

Instructed by: John McAtamneySolicitor

For Breen Family: Mr. John McBurney

For Buchanan Family/Heather Currie: Ernie Waterworth

McCartan Turkington BreenSolicitors

NOTICE: A WORD INDEX IS PROVIDED AT THE BACK OF THIS TRANSCRIPT. THIS IS A USEFUL INDEXING SYSTEM, WHICH ALLOWS YOU TO QUICKLY SEE THE WORDS USED IN THE TRANSCRIPT, WHERE THEY OCCUR AND HOW OFTEN.

EXAMPLE: - DOYLE [2] 30:28 45:17

THE WORD “DOYLE” OCCURS TWICEPAGE 30, LINE 28PAGE 45, LINE 17

I N D E X

Witness Page No. Line No.

JOHN NOLAN

EXAMINED BY MR. DILLON 2 1

CROSS-EXAMINED BY MR. McGUINNESS 49 18

CROSS-EXAMINED BY MR. O'CALLAGHAN 57 6

CROSS-EXAMINED BY MR. ROBINSON 69 7

RE-EXAMINED BY MR. DILLON 77 12

WITNESS 27

EXAMINED BY MR. VALENTINE 87 1

CROSS-EXAMINED BY MR. McGUINNESS 128 14

CROSS-EXAMINED BY MR. O'CALLAGHAN 139 14

CROSS-EXAMINED BY MR. ROBINSON 148 28

RE-EXAMINED BY MR. VALENTINE 152 22

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THE TRIBUNAL RESUMED ON THE 8TH SEPTEMBER, 2011, AS

FOLLOWS:

MR. DILLON: Chairman, we have a witness for you this

morning, two witnesses indeed for you this morning, but I

understood that you had in mind possibly making a ruling

this morning. Are you in a position to do that?

CHAIRMAN: I am not quite in a position to. I have some

more reading to do on the subject, which I propose to

finish up during lunch hour and give my ruling at two

o'clock, if that's all right, if you have no objection?

Well, is that all right with you, Mr. Durack?

MR. DURACK: Yes.

MR. DILLON: You'll give your ruling, I suppose, when you

are ready. That said, I will now call Mr. John Nolan.

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JOHN NOLAN, HAVING BEEN SWORN, WAS EXAMINED BY MR. DILLON

AS FOLLOWS:

Q. MR. DILLON: Now, Mr. Nolan, on the last occasion that you 1

were here before the Chairman, you gave him evidence in

relation to general matters in relation to your duties in

Dundalk Station and matters that you had to deal with after

your arrival, which I think was in November of 1988, is

that right?

A. Well, I arrived in Dundalk in May 1988.

Q. Is it May, I beg your pardon, that was my mistake. Now, 2

before you went to Dundalk in May, where had you been

assigned?

A. I was Chief Superintendent in 'B' Branch, as it was known

as then, it was the personnel branch, I think it has

subsequently changed title, but it was to deal with

discipline, complaints, transfers, promotions and so forth.

Q. Indeed. Is it the case that when you went to Dundalk you 3

had some knowledge of matters that you were going to have

to deal with, in particular in relation to Mr. Owen

Corrigan?

A. Not specifically in relation to Corrigan, but perhaps there

was more emphasis on what was happening on the border than

to do with the local personnel, but I was aware of him,

yes, certainly.

Q. Now, you remember one of your colleagues was there, 4

Detective Superintendent Tom Connolly?

A. Yes, he came to Dundalk. He replaced Superintendent

Culhane in early 1989.

Q. Now, he has given evidence to the Chairman to the effect 5

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that prior to his going to Dundalk, there was a sense that

there was sort of a cloud, if I can put it that way,

hanging over Dundalk Station, a cloud in terms of a

particular individual. Were you aware of such a view or a

mood?

A. Not really. If there was a cloud, it was a very mild

cloud. I certainly wasn't aware of anything serious.

Q. Now, when you were in Dundalk, I think you had two members 6

there, one was Leo Colton?

A. Yes.

Q. What sort of dealings did you have with Mr. Colton? 7

A. Practically none. Sergeant Colton was a uniformed Sergeant

in one of the units, there were four uniformed units

operating out of the station, he would have been one of the

Sergeants on a unit doing shift work. I had very little

reason to have any dealings with him. In fact, I don't

think I had any dealings unless I met him maybe on the

occasion of an inspection or walking through the station or

outside the station or something.

Q. In relation to another member, who is Mr. Finbarr Hickey, 8

did you have any dealings with him?

A. Beyond the fact that he was there and I was aware that he

was there, I was aware because his father -- I knew his

father.

Q. His father was in the Force as well? 9

A. Yes, he was, yes.

Q. I think he was based in Athlone at the time? 10

A. That's right.

Q. We must now turn to Mr. Corrigan. 11

A. Yes.

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Q. And I think it is the case that you took certain steps 12

culminating in Mr. Corrigan's transfer from Dundalk to the

Special Detective Unit, isn't that right?

A. Yes.

Q. Now, we'll deal with those in particular in due course. 13

But the overall thrust of what you have to tell the

Chairman deals with that particular momentum of events

leading to Mr. Corrigan's transfer to the SDU, isn't that

right?

A. Yes.

Q. And just to complete that, my understanding is that that 14

transfer actually never took place in any physical sense.

While it might have been ordered, it actually didn't take

place?

A. He took several steps to frustrate it and eventually he

succeeded, I think, by retiring.

Q. Yes. Now, when you were in Dundalk, what sort of relations 15

did you have or what sort dealings did you have with

Mr. Corrigan?

A. Well, in the early stages I knew of him and I knew he had a

good reputation and had done very valuable work in relation

to obtaining information and good intelligence and,

generally, he had a good reputation both as a Detective

Guard and as a Detective Sergeant. And I met all of the

detectives when I arrived in Dundalk, had interviews with

them, just to get to know them and see what they were doing

and generally have an idea of what their views were on what

was happening in Dundalk, and I met Corrigan on two

occasions, and initially we had a good enough working

relationship. I had very little dealings with him,

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Chairman, but certainly I could say I was on good terms

with him.

Q. How did he view you, do you think? 16

A. Sorry?

Q. How did he view you? 17

A. Well, I would say he may have been a little bit wary of me.

He didn't know me and maybe with my background, he might

have been a little bit cautious as to how he should deal

with me.

Q. I think in the beginning, Mr. Corrigan was the sole 18

Detective Sergeant in Dundalk Station, and that force was

beefed up, the detective side was beefed up, isn't that

right, following the Anglo Irish Agreement?

A. That's right. In the early part of the border campaign, as

we call it, he was the only Detective Sergeant in Dundalk,

and he would have had a small number of detectives with

him, but as events happened, the numbers were increased; a

substantial number of Detective Sergeants and Detective

Inspector, Detective Superintendent.

Q. I think his immediate superior was Detective Inspector 19

Prenty, Dan Prenty, isn't that right?

A. That's correct.

Q. And do you know how they got on? 20

A. Not very well.

Q. You mean they didn't get on very well or you didn't know? 21

A. Oh, I knew that they didn't get on very well.

Q. Okay. We'll let the two gentlemen deal with that when they 22

give evidence. I think that following your arrival in

Dundalk, while it was the case that Mr. Corrigan

undoubtedly did sterling work for the police force and for

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the State, I think you had a concern that he was -- his

productivity, if I can put it that way, was falling off, is

that right?

A. That's right. I hadn't received any information from him,

and I wasn't aware that he was doing anything of any great

importance, and I had received reports from his

Superintendent concerning him and his activities and

suspected activities.

Q. We'll come to that in a second. Now, is it possible that 23

Mr. Corrigan was in fact conveying whatever information he

had directly to Garda Headquarters rather than through the

station?

A. At that time I doubt very much if he was doing that, but I

had reason to believe that in the past he often went

directly to Headquarters with information, but I had no

reason to think that he was doing that during my time.

Q. Now, you mentioned there a report you got from your 24

Superintendent, that was Tom Connolly, isn't that right?

A. Yes, that would have been in early 1989, February '89.

Q. Yes, and Mr. Connolly has already told the Judge about his 25

report, so that's in evidence at this stage. Now, I

wonder, Mr. Mills, could you put up the first document,

please? Could I ask you to go through a number of reports

that you wrote at the time relating to Mr. Corrigan. And

the first one we come across - they are taken in date

order, I might add, which might assist you - is the 16th

February, 1989.

A. Yes.

Q. And it's a report in which you detail unauthorised use of 26

official cars, altering official records, failing to report

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damage, suspected involvement in smuggling, and it refers

to Detective Sergeant Owen Corrigan. Now, Chairman, we

will focus on those matters which are of direct relevance

to your terms of reference, matters such as damage to the

patrol car is not really directly relevant to your terms of

reference, but we'll focus on the other matters.

Now, what was the background to that report? How did it

come about that you wrote it?

A. Prior to getting that report in writing, I had been told by

Detective Superintendent Connolly that, or indeed by

Superintendent Culhane before him, that there was a history

of unauthorised use of official cars allocated to Detective

Branch in Dundalk. In other words, that cars were not

always available when they should have been. They were

taken out and not accounted for; mileage was not recorded

in logbooks and so forth. I issued a directive to

Detective Branch that -- pointing out the procedures that

should be followed and pointing out the consequences of the

unauthorised use of cars. That was noted in writing by all

members of Detective Branch, including Detective Sergeant

Corrigan.

Q. Now, you sent your report to the Assistant Commissioner, 27

who was Mr. Ned O'Dea at the time, isn't that right?

A. That's correct.

Q. And he was in charge of Crime and Security, so your 28

reporting was to Crime and Security and not to Personnel.

Is there any reason for that?

A. That's right. Well, we were dealing with a member of the

Detective Branch and the Detective Branch is responsible,

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or they are supervised overall and appointed by Crime and

Security, so it was the Assistant Commissioner. At that

point, he was merely using that report to inform Assistant

Commissioner O'Dea of Crime and Security of this officer

and what he was doing and what we suspected him of doing

and sort of putting him on notice of what I wanted to do

with him eventually.

Q. Now, we'll go through it. So it begins with the following: 29

"The attached report and copies of documents received from

Detective Superintendent Thomas Connolly, Dundalk, are

forwarded for your information."

I'll stop there for a moment. That was the report you

received from Tom Connolly, isn't that right?

A. Yes.

Q. Which has already gone into evidence. 30

Now, you also mention a "Report from Chief Superintendent,

Drogheda, dated the 12th of October, 1987, which refers to

the allegation that Sergeant Corrigan was to be named in an

RTE television programme as being involved in smuggling

activities along the border."

Now, is it the case that that is -- that the file in

question is your source of information about the

possibility of this programme or did you have other sources

of information?

A. I don't know why I referred to that file or, indeed, if

that file accompanied my report, because that all occurred

before I arrived there. As you will note, it is in October

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1987.

Q. That's right, yeah. 31

A. So that -- I knew very little about that. I think it was

just by way of reference to what had happened in the

immediate time before I arrived there.

Q. Now, just one last matter on this question of the RTE 32

programme. Do you remember Vincent Rowan? I think he was

a Sergeant at the time in your station?

A. Yes.

Q. Did he ever speak to you about your late colleague, Pat 33

Culhane, approaching RTE in the matter of this alleged

programme?

A. I have no recollection of that happening, no.

Q. Very well. Now, you go on to say: "Shortly after my 34

appointment to Dundalk I became aware that cars allocated

to the Detective Branch at Dundalk were frequently missing

when required for duty and could not be accounted for.

Cars were often returned to the station precincts showing

mileage figures which were not recorded in the logbooks. I

issued a directive to all members attached to the station

pointing out the consequences of unauthorised use of

official vehicles."

And that's attached. I haven't put that before you,

Chairman.

"This was noted in writing by all members of the Detective

Branch, including Detective Sergeant Owen Corrigan.

"I was aware that Detective Sergeant Corrigan was the

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member suspected for using cars and that he had them for

his private use, although when challenged by his superiors

he said he was on official business meeting subversive

contacts. I had received two unsubstantiated reports

linking Sergeant Corrigan with smuggling activities in his

area, but I am not, however, prepared to elaborate on these

as I have no positive proof that he is so involved. I know

that civilians of my acquaintance in Dundalk believe he is

actively engaged in smuggling and this is a view shared by

a considerable number of members here."

Now, just pause there for a second. When you refer to

smuggling, first of all you make it quite clear that these

are matters which you have overheard or heard of but you

don't have any positive proof, that's an important point to

stress, that you didn't have any positive proof of that

matter?

A. No.

Q. Did you ever acquire positive proof subsequent to this 35

report?

A. No.

Q. Now, when you talk about smuggling, is it the case that you 36

are talking about, let's say, bringing a television set

over or something on a larger scale?

A. Well, that is it, I was often given that thought, of what

exactly was he smuggling, and the rumour was that he was

involved in cars. Now, whether it was smuggling cars or

car sales or whatever, but smuggling, as you know, can

cover many areas, and it was mostly one way, from the North

to the South, and if items were to be smuggled in vast

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quantities, one would require transport and associates and

safe houses and so forth, so it was quite a big --

smuggling in that area was very organised and done on a

grand scale at that time.

Q. When you say "organised", I think it's now pretty clear, it 37

was done on an organised scale by subversives, isn't that

right?

A. Yes, mostly subversives.

Q. So, can you tell the Chairman whether if, as an individual, 38

not a member of a subversive organisation, you wished to

engage in smuggling, what dealings do you think you have to

have with subversives in order to be able to carry on that

business?

A. I imagine you would have to have a lot of dealings and

certainly you would have to have it cleared by those who

controlled the border, especially in South Armagh, and that

was the Provisional IRA. And their own remit, I think,

would have extended slightly over the border into the

south. Although not to the same extent.

Q. Very well. Now, you go on to say: "Sergeant Corrigan was 39

appointed to the Force on the 7th September, 1960, and to

Detective Branch on the 23rd June, 1964. He has served in

Drogheda and Dundalk as a Detective Guard and at Union Quay

briefly in 1975 as a Detective Sergeant before coming to

Dundalk on the 17th June, 1975, where he has served since.

He is a very shrewd and experienced detective who has

managed to keep on the right side of his superiors down

through the years when there was more than a suspicion that

he may have been involved in doubtful extracurricular

activities. He undoubtedly has good contacts and sources

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of information in subversive groups in this area and these

have proved useful and valuable in the past. However,

since my arrival here I have not received any information

from him which I regarded as valuable. I am sceptical of

much of it because it falls into what I call 'after the

event' information."

Now, just pause there again for a second. Your assessment

of Mr. Corrigan is that he is somebody who has managed to

keep on the right side of his superiors. I think that's a

view that you formed and maintained throughout your

dealings with Mr. Corrigan?

A. Yes, well that wouldn't be unique to Mr. Corrigan of

course.

Q. Understandably, but it does relate to Mr. Corrigan, 40

nonetheless?

A. Yes, it does.

Q. And I think the Chairman will find that later on in further 41

correspondence you reiterate that point of view. That was

your view throughout?

A. Yes.

Q. Now, then you refer to the fact that his, as I put it to 42

you earlier on, his productivity appears to have tailed

off, is that right?

A. Yes.

Q. How did you notice that, as a matter of interest? How did 43

that come to your attention?

A. Well, I wasn't receiving any information or reports from

him and he wasn't getting involved -- as you know, there

were day-to-day occurrences, incidents on the border, and

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he never seemed to get involved in them, he was never

there.

Q. If he wasn't there, do you know where he might have been? 44

A. No. Well, then --

Q. Could he have been in the office, for example? 45

A. He could have been anywhere literally when he was on duty.

They do have a lot of flexibility as regards where they

would go and what they would be doing, and you wouldn't

question it because the answer would always, or could

always be well they were meeting contacts or they were on

surveillance or something like that, so you left them to

their own devices really.

Q. But presumably if there had been meetings with contacts or 46

surveillance, that would have yielded intelligence?

A. It should have.

Q. And yet you tell the Chairman that the intelligence supply 47

had dried up in terms of Owen Corrigan?

A. As far as he was concerned, yes.

Q. Now, you go on to say: "I would be prepared to allow a 48

member of Sergeant Corrigan's experience a certain amount

of flexibility regarding accountability, provided he did

not abuse such concessions. Indeed, I can say that I have

been more than generous to him in this regard since I came

here and we have a very good working relationship. Because

of his spare time activities a stage has now been reached

where I feel his valuable as a member on Special Detective

duties in this sensitive area must be weighed against the

adverse effect his conduct is having on morale and

discipline generally. I have considered his good work in

the subversive area, especially in the difficult years in

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the 1970s when he was the only Detective Sergeant in

Dundalk. And taking everything into consideration I now

feel that a decision regarding his future in Detective

Branch in the border area must now be made."

Now, this was a view that you had formed approximately

maybe a year after you'd arrived in the station, is that

right?

A. Give or take, yeah.

Q. So, clearly there are matters that had come to your 49

attention in the meantime which brought you to this point?

A. Yes.

Q. And indeed, you acknowledge the good work he did in the 50

1970s, and I think the 1970s were a particularly difficult

time for members of the Force?

A. Yes, I was there myself as an Inspector for a while then.

Q. You were a uniform Inspector, is that right? 51

A. Yes, I was transferred from Cork.

Q. Did you have any dealings with Mr. Corrigan at that time? 52

A. Sorry?

Q. Did you have any dealings with Mr. Corrigan at that time? 53

A. Not very much, but I knew he was a good officer at the time

and he was doing his work well. There was no complaints.

Q. His reputation was good at the time? 54

A. Yes, it was.

Q. His star was riding high in the sky, so to speak? 55

A. Yes.

Q. Very good. Then you deal with some of his sort of 56

technical matters relating to Detective Sergeant Corrigan.

And then in the last paragraph you say: "I have appointed

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an investigating officer under the provisions of the Garda

Siochana (Discipline) Regulations, 1971, to investigate the

irregularities disclosed in Detective Superintendent's

Connolly's report. This investigation and subsequent

inquiry, if any, will inevitably take some time to conclude

and raises the question of the propriety of allowing him to

continue to serve here while he is under investigation."

So, in essence, you raise the question and handed it over

to Crime and Security in Dublin, isn't that right?

A. Yes.

Q. Because you considered they were the appropriate people to 57

deal with it?

A. I couldn't transfer him.

Q. Could you explain that? How is it that you, as the Chief 58

Superintendent --

A. Members of Detective Branch -- a Chief Superintendent can

transfer members of the uniform force up to the rank of

Sergeant within his own division. Members of Detective

Branch could only be transferred by Crime and Security

Branch.

Q. So, hence you'd leave the decision up to Crime and 59

Security?

A. I was telling them what the position was and expecting them

to effect the transfer.

Q. Now, the next report you wrote, again to Assistant 60

Commissioner O'Dea, is dated 24th February, 1989. Now, in

the meantime, it seems that you received a response from

the Assistant Commissioner, and that will be dealt with

when the Assistant Commissioner is called back to give

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further evidence of his dealings in this matter.

So, you refer to his minute of the 22nd February in

connection to the matters that you had discussed in your

earlier report. And you wish to say that: "I have not

discussed this matter with Detective Sergeant Corrigan, as

to do so would be imprudent in view of the fact that I, as

appointing officer under the provisions of the Garda

Siochana (Discipline) Regulations have appointed an

investigating officer to investigate the various matters

referred to in Detective Superintendent Connolly's report."

So, it's clear from that that the Assistant Commissioner

asked you to raise with Mr. Corrigan your concerns, but you

took the view that it would not be appropriate, simply

because, or largely because you had instigated the

disciplinary proceedings?

A. Yes.

Q. And I think that once the disciplinary proceedings are 61

instigated, you then, in a sense, withdraw from the fray,

is that right?

A. Yes.

Q. You leave it to the inquiry to --62

A. Ultimately the file, the investigation file would come to

me and I would have to decide what charges to prefer.

Q. Yes, and we see that you did in -- I think there were two 63

inquiries that you were --

A. Yes. Well, I notice that we are talking about the 1971

regulations there. I think laterally they were replaced by

new regulations in 1989, so I think the later investigation

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was under the new regulations.

Q. Okay. Now, you go on to say: "If I were to discuss any of 64

these matters with Sergeant Corrigan it could be construed

as being prejudicial to him in any subsequent disciplinary

proceedings where I ultimately will have to decide what

charge, if any, should be preferred against him. He will,

of course, be aware of the various matters when the notice

under Regulation 9 of the Garda Siochana (Discipline)

Regulations, 1971, is served on him by the investigating

officer, Superintendent Patrick Tierney."

Now, it follows from that that you had appointed one of

your Superintendents, a uniformed Superintendent, to

investigate the matter?

A. Yes.

Q. He was -- was he then the presenting officer, is that the 65

correct term?

A. I'm not -- the presenting officer, I think that was only

provided for under the later regulations, the '89

regulations.

Q. I understand you now. There was a new concept when the '89 66

regulations came in?

A. Yes.

Q. Very good. You go on to say: "Neither do I feel it is 67

proper that I should at this time inform him of my

recommendations concerning his future employment on

detective duties. I am aware of the circumstances which

arose some years ago..." and then you a deal with a

particular case involving another guard, and that seems to

have informed your view that it was preferable not to

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discuss matters with Mr. Corrigan. And you go on then on

the second page:

"In the case of Sergeant Corrigan, I have not recommended

that he be reverted from detective duties. I have,

however, placed a question-mark on his suitability for

continued employment on detective duties in the border area

because of the nature of the allegations against him of

smuggling. If he were to be reverted to ordinary duties

and reasons given to him for this course, it would be

difficult to sustain them if this arose because there is no

positive evidence that he is engaged in the activities

alleged but merely a suspicion, albeit a very strong one.

A transfer in the interests of the service to a centre well

away from the border may be the best way to deal with him.

In the event of an appeal by him to the review body, the

reasons for transfer could be given here in circumstances

where the interests of the service could be better

protected."

Now, again, you do stress, and the matter has to be

stressed to the Chairman, that you were acting on -- your

concerns were grounded on strong concerns that had been

expressed to you but you did not have any positive proof of

smuggling activities by Mr. Corrigan?

A. That's correct, Chairman.

Q. Now, the next document I wish to put before you is a 68

document written by Detective Sergeant Corrigan. Now, it

seems that the decision was taken to transfer the Detective

Sergeant away from Dundalk, as I understand it, to the SDU,

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the Special Detective Unit?

A. The Special Detective Unit in Harcourt Square.

Q. How did that come about? 69

A. I think the two reports you have produced there sort of sow

the seed, and they went along with what I had recommended,

that he be removed from the border. The choice of station

was left to them. And the obvious place would have been

SDU, taking into consideration the distance from Dublin and

the fact --

Q. Yes. Then is the decision to effect the transfer, that's 70

notified to the member, is it?

A. It is.

Q. Is that by way of a minute or a letter? 71

A. There is a form and a number on it, I just cannot think of

it have now, it's --

Q. It was a standard form? 72

A. There is a form with a number and it's filled in, "You are

hereby directed to transfer" from such a station to such a

station on such a date and to report to that station.

Q. Now, Chairman, before the next document goes up, I should 73

say it is a letter from Mr. Corrigan. There are matters

which are personal to Mr. Corrigan and his family and they

have been blacked out.

Now -- sorry, Chairman, I have made a mistake in terms of

the documents I gave to Mr. Mills. Because there are

matters which are personal to Mr. Corrigan and his family,

I don't propose putting the document up on the screen. My

copy hasn't got them blacked out, but I can convey the gist

of what Mr. Corrigan had to say. That he wished to lodge

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an appeal against the transfer which is scheduled to take

place on the 5th May, 1989. And he sets out his grounds of

appeal, which are grounded in family circumstances. The

fact that he owns his own house which he built in 1976.

Also the fact that a transfer would be -- would

detrimentally affect his wife's health. He details the

treatment she is receiving, and I think there is no

argument but that she was an unwell lady, unfortunately,

isn't that right?

A. Yes.

Q. Then he goes on to detail his time at Dundalk, and then he 74

goes on to say: "From the date of my appointment as a

Detective Sergeant in Dundalk from the 17th June, 1975, I

was Member in Charge of the Detective Branch during the

most turbulent years of the current troubles in the border.

During the period in question the incidents of shootings,

murders, hijacking, armed robberies were the highest, as

the statistics will confirm."

I don't think there is any particular dispute about that?

A. No.

Q. "These allied to the number of subversives from all over 75

the 32 counties who visited Dundalk and most of whom were

arrested at various times and taken to Dundalk, all this

duty being particularly arduous, lengthy and dangerous

nature, adding to the difficulties was of course the fact

that the total strength of the Detective Branch was

one-quarter of the current strength of the unit. During

the period in question I had been involved in the most

important investigations carried out in Louth/Meath

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division, having assisted members of the Technical Bureau

on such investigations. I have given evidence at the

Special Criminal Court as often as any member currently

serving on the Force. I have been commended by the judges

of that court and I have been commended by my own

authorities at Commission, Divisional and District Office

level."

I can tell you, the Chairman has heard letters of

recommendation written by senior officers in Garda

Headquarters, principally, in support of Mr. Corrigan and

Mr. Corrigan's career.

"In my period as a Member in Charge of the Detective Branch

I served under a total of 13 Superintendents and three

Chief Superintendents in Drogheda and enjoyed an excellent

working relationship with them, as I did with my

subordinates, who were extremely efficient, dedicated

members, who like myself received little for their efforts

over all those difficult years. Never once during the

period set out by me had my immediate superiors ever on one

occasion to rebuke or censure me for any indiscretion at

any time."

Now, is that correct, to your knowledge?

A. I really couldn't speak for the time before I went there.

Q. Certainly you didn't share that view, quite clearly. You 76

felt there were matters that he had to account for?

A. I knew his history, and I knew his recent history, and my

judgement was based more or less on his recent history.

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Q. Yes. And then he goes on to say -- another important 77

sentence I should read. "Never once during the same period

was a single report of ill-treatment of prisoners at a time

when such complaints were widespread throughout the

country. As a result of activities and supervision of

subversives I and my family have been the subject of abuse,

threats and intimidation from members of subversive

organisations."

Are you aware of that?

A. Yes.

Q. That did happen, isn't that right? 78

A. It did.

Q. I think there were certain flash points which were 79

particularly difficult for Mr. Corrigan, such as

extraditions, isn't that right?

A. Yes.

Q. Now, then he goes on to say that on the 7th March he was 80

served with a notice under the discipline regulations

informing him that the matter would be investigated. And

that on the 21st April, 1989, he was informed of his

transfer. And on seeking an explanation for same was

informed that the matter under investigation had been

reported to Headquarters, who then made the decision to

order the transfer. "I now wish to appeal my transfer on

the grounds set out by me above."

So that was a letter sent in to, indeed to the -- well to

the Detective Superintendent at the time, who presumably

was Tom Connolly?

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A. Yes.

Q. In 1989. Now, the next document: It's an undated, 81

certainly in my copy, it was produced by you, and you

address it now to the Deputy Commissioner of Operations.

Now, initially your correspondence was directed to Crime

and Security. Is there any particular reason why you then

directed your correspondence to the Operations section?

A. I can't recall this particular report, so this is all fresh

to me.

Q. Okay. Well, then, I'll read through it and then as I am 82

reading through it, the answer may occur to you?

A. It may come back to me.

Q. Exactly, yes. You are dealing with the "Appeal against 83

permanent transfer from Dundalk to SDU Harcourt Square,

Detective Sergeant Owen Corrigan, Dundalk Station."

Now, before I open the letter, it seems from the very first

sentence that Mr. Corrigan's correspondence raised queries

at Headquarters level which you had to deal with, because

he begins: "With reference to queries raised by the

Commissioner concerning the member's appeal against

transfer, I attach a report from Superintendent Patrick

Tierney, Dundalk. The member's superior, Detective

Superintendent Thomas Connolly, is absent on annual leave

at present. I am aware, however, that there is nothing

additional he can add concerning the matter to what he has

already said.

"I give hereunder my own comments on the points raised:-

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"What Sergeant Corrigan has said concerning his family and

their schooling is correct. He owns his own house as

stated and is reported by others to own property or houses

in Dundalk and Drogheda.

"There is no record available here at this time to show if

Sergeant Corrigan's immediate superiors ever had occasion

to rebuke our censure him. That is not to say, however,

that his conduct throughout his service did not merit this

action. As I have said in my original report, Sergeant

Corrigan is a shrewd and experienced detective who always

managed to stay on the right side of his superiors. I have

no doubt that his relationship with senior officer was

cultivated to an extent that many of those officers did not

always take the proper course of action when they became

aware of his indiscretions. Also, most of all, the

Superintendents here were birds of passage and I believe

may have been inclined to ignore Sergeant Corrigan's

indiscretions in favour of his undoubteded valuable

contacts and sources of information."

If I just pause there for a second. I think you are making

the point there that Mr. Corrigan was in the station pretty

well all his career?

A. Yes.

Q. Give or take one or two spells in Drogheda and down in 84

Cork. So, he was a permanent member of the station whereas

his superiors came and went?

A. Yes.

Q. As we have now learnt from listening to your colleagues, it 85

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can be the case that you move around quite a lot from

station to station?

A. Yes.

Q. So your concern was that because a particular superior 86

officer hadn't been in place for any considerable, or any

appreciable period of time, he wasn't in a position to deal

with Sergeant Corrigan?

A. Yes. Could I say, I think that report may have been

requested by the Deputy Commissioner of Operations. As you

said earlier, why did I communicate with the Deputy

Commissioner rather than the Assistant Commissioner? I

imagine now it was because the correspondence came back

from the Deputy Commissioner.

Q. Very good. Now, "Sergeant Corrigan's immediate superior is 87

Detective Inspector D Prenty and there is a long history of

hostility between them. He has made me aware of an

incident on the 2/9/1987 where Sergeant Corrigan did not

enter mileage in the official logbook and on the 9/8/1989

where he did not report off duty in connection with a

commemoration parade in Dundalk, and it subsequently

transpired that he was in County Cavan at an unveiling

ceremony for the late Sergeant Paddy Morrissey."

Can you tell us, if you know, who was the late Sergeant

Paddy Morrissey?

A. Sergeant Morrissey was a Sergeant up on a station. I knew

Sergeant Morrissey, in fact I was his boss when he was a

Sergeant in the Sub Aqua Unit, but he was appointed to

Sergeant to a station up, I think, in the Sligo/Leitrim

area and he was shot while pursuing two bank robbers.

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Q. And I think it seems now from what you have just said that 88

there was a ceremony to commemorate his life?

A. Yes.

Q. And possibly was there a statue or a plaque or something, 89

are you aware of this?

A. Yes, I would have been aware of that, yeah.

Q. Then you go on to say that he "...used official transport 90

to travel North to the ceremony even though he had not been

authorised to use official transport to travel outside the

division.

"There does not appear to have been any follow through in

these cases. He was directed on a permanent transfer to

SDU in 1978 as a result of a suspected shoplifting in

Dundalk which was investigated at the time. The details of

which I cannot find here. I understand that his appeal on

that occasion was based on the same ground as this one,

i.e. his wife's medical history. This was supported by a

medical certificate at the time from the same doctor.

"At the time I made my recommendations" -- you say that you

were concerned about the medical condition of

Mr. Corrigan's wife. And you go on to say: "I was not

aware of the extent of her problem and her hospitalisation.

I know the lady. I met her on one or two social occasions

with her husband and I have no reason to doubt her medical

condition."

So, it was quite clear she was afflicted?

A. Yes.

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Q. Now, the next document is a document dated 30th August, 91

1989. You now revert back to corresponding with

'C' Branch, Crime and Security, and it seems, from the last

paragraph, which we'll come to, there is a developing or

growing concern on your part that Mr. Corrigan or Sergeant

Corrigan just might sort of slip the net, as it were?

A. Yes.

Q. And we'll come to that when we come to the last paragraph. 92

Then you begin: "Sergeant Corrigan was directed on

permanent transfer to SDU on the 5th May, 1989. His appeal

against the transfer was refused by the Commissioner and he

has applied to have the matter taken before the Review

Board. A date for the hearing has not been notified."

Could you explain to us who or what is the Review Board?

What is its composition? Is it lay people or was it

members of the Force?

A. I was very familiar with it at one time but, unfortunately,

my recollection now of how it was constituted is vague.

But, yes, I think there was representatives of the Force,

possibly somebody from the Department of Justice and maybe

a lay person or an outside person.

Q. Very well. Now, "9 breaches of discipline had been alleged 93

against Sergeant Corrigan arising from unauthorised use of

official vehicles, altering official records" - and there

was another matter which is not relevant - "charges have

been preferred and I have recommended that they be heard at

a sworn inquiry.

"Since the incidents referred to, Sergeant Corrigan has

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literally opted out of all involvement in ordinary police

duties. He is not on speaking terms with most of his

superiors and he communicates only with a few close

colleagues while ignoring all others."

So it seems that a fairly serious situation had occurred,

in that Mr. Corrigan effectively had sort of shut down?

A. Yes, as I said, he had opted out really.

Q. "On 17th July, 1989, a man called John MacNulty was 94

abducted from Roadwood Club, Dromad, and murdered across

the border. Detective Sergeant Corrigan was the only

Detective Sergeant on duty from 10 p.m. to 6 a.m. that

night. He reported on duty and was not seen or heard from

by any of his supervisors after that. He was not involved

in the immediate investigation of the crime."

Now, he was the Detective Sergeant, investigating crime was

his remit, was it not?

A. Yes.

Q. Do you know why he wasn't involved in the investigation of 95

this? Was it a decision not to involve him or he opted out

or what?

A. If he was on duty in a car, and the car would be fitted

with a radio, even if he didn't want to become involved in

the investigation, he would have been aware from radio

traffic that a serious incident had occurred and he would

be expected to respond, if only out of curiosity if he

wasn't directed to it. So, I could only conclude that he

either hadn't the radio switched on, wasn't in the car. If

there was a problem with the radio in the car, normally a

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member would return to the station and get a hand radio.

If he had left the car briefly for any particular reason,

when he returned to the car, he would be expected to call

the Control Room and find out if anything happened or if he

was required for anything.

Q. Now, you go on to say that: "On the 22nd August, 1988, at 96

10:50 p.m. a fire bomb was thrown into a house occupied by"

- a particular gentleman - "in Dundalk. Sergeant Corrigan

was the only Detective Sergeant on duty from 10 p.m. to

6 a.m. on the 22nd/23rd August, 1989. He reported on duty

at 10 p.m. and was not subsequently seen or heard from

during the night. He did not report off duty at 6 a.m. and

did not take an official car or personal radio with him

when going on duty."

Now, you wrote that in 1989. Subsequently did you ever

find out what Mr. Corrigan was doing on that night?

A. I have no recollection of that.

Q. Now, you go on to say that the matters that you just 97

referred to are being investigated under the Garda Siochana

(Discipline) Regulations, 1989. "However, I am bringing

all of them to your notice at this stage as I believe it is

important that the true position regarding this man be

known to the members of the Review Board when his appeal is

being dealt with. He is a very convincing man and could

easily give the impression to those hearing his appeal that

he is being unfairly and harshly treated."

Now, was that your assessment of Mr. Corrigan?

A. Yes.

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Q. That he -- does that go with his shrewdness and -- 98

A. Yes, that he could convince them otherwise.

Q. He could be a convincing man, you say? 99

A. Yes.

Q. Are you aware of, before I go onto the next letter, are you 100

aware of the allegation of shoplifting that you mentioned?

A. I am aware of it, yes.

Q. And how much of it are you aware? 101

A. Not very much, just I have heard all of that subsequently.

Q. When you say "subsequently", you mean... 102

A. Since this inquiry arose.

Q. Were you involved at all in the investigation of the 103

allegation?

A. No.

Q. When you did become involved, what steps did you take? 104

A. I wasn't involved. My recollection is that happened prior

to my time --

Q. Oh, it was prior to your time, so... 105

A. Yes.

Q. So whoever was there before you is the person to deal with 106

it, is that your view?

A. Yes.

Q. Very good. Okay. Now, the next document is from what 107

appears to be from the Review Board. "Disciplinary appeal:

Sergeant Owen Corrigan." And he refers to the appeal.

"The appeal was considered by the Review Body on the

20th October, 1989. Their finding was that they should not

recommend that the appeal be allowed.

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"However, in view of the member's family circumstances and,

in particular, his wife's medical condition, it is

suggested that consideration be given to facilitating the

member with another post at a station nearer his home than

Dublin. In this regard Drogheda Station was suggested.

The Body recommends that this be considered."

Now, I will open in a moment your response to that. But

could you tell the Chairman what your response was to the

suggestion that he be transferred to Drogheda?

A. Have you a date for that?

Q. Which now? 108

A. For that memo.

Q. That memo is, I think, the 24th October, 1989. The matter 109

being considered on the 20th October, 1989. And the

recommendation was that it should be considered that he be

transferred to Drogheda rather than to Dublin.

A. Oh, I wouldn't have gone along with that at all. I think

that wouldn't have achieved anything because Drogheda was

just down the road and in the same division.

Q. I think you made that clear in the next document, which is 110

a report dated 3rd November, 1989. Which -- at this point

is directed to administration, isn't that right?

A. It's 'B' Branch, yes.

Q. So just to understand the destinations of the 111

correspondence. You began with Crime and Security because

it was a matter for them because he was a detective?

A. He was a detective.

Q. So did the position change once the Review Body came in? 112

A. It did. We were dealing with a transfer at this point.

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Q. So that passed over to the administration side, is it -- 113

A. Yes.

Q. -- once the decision to transfer has been made?114

A. Could go back and forth, but it was decided that 'B' Branch

would take it over at that point.

Q. Very good. Okay. Now, you refer to a minute from the 115

Assistant Commissioner of 'B' Branch and to the letter

which was just up on the screen there, from the Chairman of

the Review Body.

"I wish to say that a vacancy exists in Detective Branch in

Dundalk as a result of the retirement of Detective Sergeant

M Downey. It's my intention to recommend that this vacancy

be filled when I am allocated sufficient Sergeants to fill

other vacancies in that rank in the division. Sergeant

Corrigan has previously served at Drogheda" - you give the

dates - "His transfer to Drogheda at this stage of his

service would not be welcomed by senior officers there

because of his conduct generally and his other interests in

that area. I am aware that he purchased a house at

Lawrence Street in Drogheda last March or April and that

this house is let out in flats at present to a number of

tenants. He is also the owner of a house site at

Rathmullen in Drogheda. His service in Drogheda was not

regarded as being in the best traditions of the Force and

his departure from Dundalk was regarded by many as very

timely. I am aware that one of my predecessors forbade him

to enter Drogheda on duty while he was stationed in

Dundalk."

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Now, how did all that come about?

A. I don't know.

Q. But you are aware that effectively there was a veto on him 116

going into --

A. Obviously he wasn't very welcome in Drogheda.

Q. Now, when you say "Drogheda", do you mean the station or 117

the town?

A. The station, if the officers were making those comments

about him.

Q. When you say "Drogheda", you are actually referring to the 118

Garda station?

A. It's the station I am talking about. It may have applied

to the town also, I am not sure.

Q. You go on to say: "During the course of the last few days 119

I have had confidential inquiries made by senior officers

concerning the desirability of allowing Sergeant Corrigan

to serve in Drogheda. I have been informed that he

approached an Inspector there in the last few weeks

inquiring if he knew that any public houses were for sale

in the town. He has also contacted a well known Drogheda

publican in the company of a Drogheda builder come cinema

owner and inquired if he would sell him his public house.

The publican declined to sell."

You are aware of who these people were, but you didn't put

their names into the correspondence?

A. Yes.

Q. "I have no doubt that Sergeant Corrigan's allocation to 120

Detective Branch in Drogheda would be the cause of

embarrassment to members of the Force there because of his

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previous service history and conduct generally, his outside

interests and the fact that he is not a member who can be

trusted to work unsupervised."

Now, what do you mean by that phrase "cannot be trusted to

work unsupervised"?

A. Well, from his activities in Dundalk it was obvious that he

was acting as a free agent really.

Q. When you refer to his activities in Dundalk, what are you 121

referring to?

A. In relation to the cars, his absence from these events that

occurred when he should have been --

Q. You mean his conduct at the station or about the station? 122

A. Yes, his official duties.

Q. What I am trying to get at is, are you referring to 123

smuggling in that context?

A. That would have been one of them, yes.

Q. Right. And you go on to say: "If he were transferred to 124

Detective Branch at Drogheda he would be the senior

Sergeant in a unit with one other Sergeant, and I would not

regard him as suitable for that position having regard to

his casual attitude to authority and his weakness for using

official motorcars for his private use for which he is at

present the subject of disciplinary action. I am convinced

that it would only be a matter of a short time until he

again came into conflict with the discipline regulations.

I strongly oppose the transfer of this man to Drogheda. If

I were asked to choose between allowing him to remain in

Dundalk where he would at least be under the control and

supervision of a Detective Superintendent or a Detective

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Inspector or transferring him to Drogheda, I would have to

say that I would prefer to allow him to remain in Dundalk."

That's stating it pretty strongly, isn't it?

A. Again, it was down to a question of supervision, yeah.

Q. And this is the supervision of a man who had been a member 125

of the Force for 30 years pretty well at this stage, if not

more?

A. Yes, it shouldn't have been a problem but because of the

way things had changed.

Q. Now, the last document I'll put before you will lead us on 126

to another topic as well. It's a document dated 23rd

January, 1990, and it's a document issued under the

Discipline Regulations of 1989. And you charge

Mr. Corrigan with two breaches of discipline, namely that

he didn't have in his possession a personal radio on

outdoor duties as the supervising Sergeant on certain

dates, and secondly, that he did not contact the Garda

station in Dundalk, was not available when required by

Superintendent Patrick Tierney to investigate a serious

crime, which is mentioned there.

Now, this is the second set of disciplinary proceedings

that was issued against Mr. Corrigan, isn't that right?

A. Yes.

Q. The first one was grounded on, I think, a report you got 127

from Superintendent Connolly, and that related to, amongst

other matters, his unexplained use of an official patrol

car, and the allegation found to be proven was he had

altered the logbook, the station logbook, isn't that right?

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A. Yes.

Q. And the result of that particular hearing was that he was 128

fined a total of £150, to be deducted from his salary?

Now, you launched these proceedings, I'll call them

proceedings but they are a disciplinary inquiry against

him. As I understand it, the whole panoply of an inquiry

was established, a supervising officer or president or --

A. Investigating officer.

Q. Investigating officer. And then there was the -- I think 129

was it Superintendent Hickey was in charge of the inquiry

in this case?

A. Again, I think that came after my time.

Q. Very well. We will leave it at that. But in all events an 130

inquiry was set up, I think you are aware of that?

A. Yes.

Q. What became of that inquiry, to your knowledge? 131

A. It never came to fruition, I think because he reported

sick, I think, and...

Q. And this was in January of 1990. Was it at that point that 132

he started to report sick?

A. Yes.

Q. And for how long did he report sick? 133

A. I think -- again, I left in January '91. I think he

remained sick for most of that year and went on half pay

and had been recalled to the depot by the surgeon, and if

he was on half pay, he obviously, I think, had to be out

six months at least before he went on half pay.

Q. That's right, yes. 134

A. So, he must have been sick from that time in December 1990.

Q. Do you have any information of what he was doing when he 135

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was on sick leave?

A. Yes. Again, rumours, strong rumours that he was involved

in importing and selling cars at his home.

Q. This is while he was on sick leave? 136

A. Yes.

Q. So, as I understand it, the inquiry was adjourned from time 137

to time, from date to date?

A. Yes.

Q. And is it the case that each time the adjourned date came 138

up, that Mr. Corrigan again said he was unwell and unable

to deal with the matter?

A. Yes.

Q. And I think he submitted medical certificates in support? 139

A. Yes.

Q. And at the same time, your understanding, or the 140

information you have, though you accept that you have no

proof of the matter, was that he was actually dealing in

cars?

A. Yes.

Q. Now, I think you are aware that ultimately Mr. Corrigan 141

decided to retire?

A. Yes.

Q. And I think you are also aware that the decision was taken 142

at that point to stop the inquiry?

A. Well, I had left Dundalk at that time, but I believe that

was the case.

Q. Could you tell us, why is it that simply because the member 143

has retired that the inquiry is stopped?

A. Well, just one point I want to make earlier in relation to

transfers. A transfer is not a penalty for a breach of

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discipline. A lot of people think it is and a lot of

guards think it is, and it isn't one of the penalties.

There are various penalties, from dismissal and --

Q. Fines? 144

A. -- fine, reprimand, caution, and reduce in rank. But a

transfer is used as an effective means to transfer officers

mostly, not uniformed guards or Sergeants, because it's a

different procedure there in the interests of the service,

it's an expeditious way of moving a person who you may want

to shift quickly out of an area, but again, that is often,

and in most cases, frustrated by various appeals and so

forth, including injunctions in the High Court which often

delay these transfers for years.

Q. I understand that, but my question was directed at another 145

matter which is this: That an inquiry had been set up --

A. Yes.

Q. -- to investigate his conduct. That inquiry should, in 146

all, had all things gone to plan, had been done and dusted?

A. I think the practice has been, and I think when a member

retired, it concluded everything, that he was no longer a

member of the Force, even though the matter under

investigation happened while he was a member of the Force.

Everything concludes at that point. I think it just comes

to a conclusion.

Q. Well, this may seem a little bit harsh, but isn't it an 147

inevitable consequence of what you have just said that a

member can effectively frustrate the Force in...

A. Yes, there is a long history of that --

Q. -- discipling him?148

A. -- there is a long history of that and it's been used very

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successfully, and still is. I know of cases that dragged

on for years where men were on half pay for years, many

years.

Q. Well, again -- I am not asking you to deal with the general 149

because the Judge is not concerned with the general, but

the particular, Mr. Corrigan. Why wasn't something done,

do you know, to bring matters to a head and say, look, this

is going on, to investigate the sick certificates, for

example, do you know why?

A. I don't know why, but I think it must be felt that justice

has been done by the person leaving the Force and that

there is nothing to be achieved by pursuing it any further

beyond looking for the pound of flesh.

Q. Well, isn't it more than that, isn't it to set an example 150

to others, whatever about the pound of flesh approach, to

set an example to others?

A. That is the practice. That has been the practice and I

don't think it has changed.

Q. Were you at any time aware that following his retirement 151

Mr. Corrigan was kidnapped?

A. Afterwards, yes.

Q. Did you hear anything about that? 152

A. Not beyond the fact that it happened. I wasn't interested.

Q. Even though he had taken up so much of your time when you 153

were in Dundalk?

A. I had moved on.

Q. Very well. And did a gentleman called Francis Tierney come 154

to your attention when you were in Dundalk?

A. Sorry?

Q. Francis Tierney -- Tiernan, my apologies, Francis Tiernan? 155

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A. No.

Q. Now, you mentioned in your report Mr. Corrigan's property 156

interests, namely that in addition to his house he had the

other house in Lawrence Street and he owned a site in

Rathmullen. Was that a matter of concern to you?

A. Was it?

Q. Sorry, was that a matter of concern to you that, if I can 157

put it this way, that somebody on a Sergeant's pay could

accumulate property?

A. It wouldn't have been a matter of great concern. It

wouldn't be unusual for members -- he wasn't in breach of

any regulation by having, owning property. It wasn't in

the station area in which he served and...

Q. I understand that. I am not suggesting it's a breach of 158

discipline regulations. But you knew better than most what

a Sergeant could earn?

A. Yes, well --

Q. And here was a Sergeant who could earn and own at least -- 159

MR. O'CALLAGHAN: Chairman, if we are going to start an

inquiry into properties owned by members of An Garda

Siochana, we are going to be here for a long time. And I

think it's unfair on Mr. Dillon to give the impression that

there is something unusual about Mr. Corrigan owning

properties aside from his family home. He is perfectly

entitled to do that. And there is an undercurrent in

Mr. Dillon's questioning of the witness which seeks to

present Mr. Corrigan as being in an exceptionally unusual

position. And I reject that, and I will deal with it in

cross-examination with the witness, but I think it's very

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unfair to start identifying Mr. Corrigan --

CHAIRMAN: Why is it? It may be uncomfortable for your

client, but why is it unfair?

MR. O'CALLAGHAN: Because he is asking questions about

property owned by Mr. Corrigan. There is nothing unusual

about members of An Garda Siochana owning other properties.

And if he is going to start questioning this witness about

Mr. Corrigan's other property interests, let's look at

every other member of An Garda Siochana in Dundalk who had

other property interests. That's what Mr. Dillon is trying

to suggest, that there was something unorthodox in the

manner by which my client was able to purchase a property.

There was nothing unorthodox about it.

CHAIRMAN: But your client will have an opportunity, when

giving evidence, to answer that allegation.

MR. O'CALLAGHAN: I know, but why is it -- my client, along

with two other officers, is the focus of this Inquiry. But

I think it's important that we retain a recognition that,

you know, activities that he is involved in are not unique

to him. He is not the only member of An Garda Siochana

ever to be exposed to disciplinary inquiry. He is not the

only member of An Garda Siochana ever to have a second job.

And he is not the only member of An Garda Siochana to own

property aside from his family home. And I don't think the

impression should be given that he is in a unique position

because of that. He is not.

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CHAIRMAN: Well, I think the question is legitimate and I'd

ask Mr. Dillon to continue.

MR. DILLON: It goes further than that, and thank you for

your ruling, but it's this: These are matters which have

given rise to some concern. Now, you have been listening

to what Mr. Nolan has been saying to you in evidence. He

has dealt with those points. He has said that he didn't

see anything particularly unusual about Detective Sergeant

Corrigan owning three premises. He has answered the points

that Mr. O' Callaghan is making in his evidence (sic). So,

Mr. Corrigan really, it seems to me, shouldn't consider he

is being singled out, because on the contrary, what

Mr. Nolan has to say to you makes it clear that he

shouldn't be singled out. But the point has to be made to

test the point, and you now have the evidence and you can

proceed on that basis. I don't see that it should be of

any concern - sorry, that's the wrong way to put it - that

Mr. Corrigan should be concerned about this line of

questioning because the answers -- the evidence that you

are now receiving in fact supports him.

Now, if I may carry on.

Q. Detective Sergeant Corrigan was a detective and there was, 160

it's clear there was provision for rewarding informants,

isn't that right?

A. Yes.

Q. Who was in control of that fund? 161

A. The Chief Superintendent.

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Q. In Dundalk? 162

A. Yes.

Q. That was you, therefore? 163

A. Yes.

Q. Very well. And -- well, Mr. Corrigan's productivity had 164

tailed off, so presumably, is it fair to say, that he made

no application to you for --

A. I have no recollection of ever having paid him anything.

Q. Now, you know that Mr. Corrigan was, has been named as 165

being somebody who allegedly provided assistance to the IRA

in the matter under review, you are aware of that, aren't

you?

A. Yes.

Q. That was done by Mr. Jeffrey Donaldson in the House of 166

Commons in London under parliamentary privilege?

A. Yes.

Q. Have you a view on this allegation? 167

A. Well, about him being named in the House of Commons?

Q. No, about the substantive allegation that he provided 168

assistance to the IRA, have you a view on that?

A. I have a view, I suppose, really from my knowledge now of

events and the information that I have learned over the

period of time since the murders, that I don't think

that -- if I am entitled to give this view?

Q. Oh, yes. 169

A. I don't think that Mr. Corrigan, despite all his faults,

was a mole or passed on any information to the PIRA

regarding the movements of those officers.

Q. Very well. Another point on this topic: Were you 170

surprised that he was named in this fashion?

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A. I suppose I wasn't really surprised, looking at the entire

strength of the Detective Branch at Dundalk at that time.

I suppose he would fit into a category of, if there was to

be a source, that he probably would fit into that category.

Q. That said, you don't believe there is any credence to be 171

attached to the allegation, is that right?

A. I don't.

Q. I think you are aware that Mr. Corrigan gave evidence to an 172

Oireachtas committee where he informed the committee that

he had given information over the years to Headquarters

about collusion in the North. Were you aware of any such

information being given?

A. I read that in reports, but I thought that that was not the

case, that that was subsequently denied.

Q. Do you know anything about the suggestion that Tom 173

Connolly's predecessor, Pat Culhane, contacted RTE in

relation to a programme about smuggling?

A. Not at the time, but I am aware of that since and I

expressed surprise that he would have done that, but I knew

him very well, Pat Culhane, and perhaps he did, although

I'm not sure that an approach by a Detective Superintendent

in Dundalk to RTE would have been sufficient to prevent a

programme being broadcast.

Q. In your time, what were the arrangements or provisions for 174

the security of RUC officers visiting the stations in your

particular district or division, I always get the two

concepts mixed up?

A. For RUC officers visiting?

Q. Yes. 175

A. Well, there were no specific arrangements made. Each side

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was left to their own devices as regards their own

security, and I think it satisfied both sides that they

didn't disclose their travel arrangements. There may have

been incidents where senior officers or others chose to

notify their opposite numbers if they were travelling

further south or to Dublin, they might in those instances

have been escorted to the border.

Q. Was there ever any risk assessment carried out as to the 176

risk to RUC officers?

A. There wasn't, again I think because of the fact that these

activities had been going on for so long since the '70s

without any major incidents involving the security forces

in the south, that it just drifted along until something

like this happened.

Q. Perhaps a bit harsh to say, but a sort of sense of 177

complacency had set in?

A. A degree of it. And the same would have applied going

North.

Q. I think you are aware that Judge Cory in his report 178

referred to the IRA covering a multiple number of roads.

What's your view on that?

A. Oh, I think that logistically that would have been

impossible to cover all the possible routes from

Carlingford Lough over the entire border over to Monaghan.

Q. Well, let's say the Armagh border area rather than -- 179

narrow it down to that?

A. Even that, there were -- I cannot give the exact number of

border crossing points arose, but the whole area there is a

maze of minor secondary roads, that any one of them could

have been chosen to travel.

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Q. Now, I think you obviously do know this, that within a 180

matter of 15 to 20 minutes of leaving your office the two

officers, the two RUC officers were murdered?

A. Yeah.

Q. What does that say to you about how that particular matter 181

was organised? What information do you think the

subversives had at the time?

A. Could you repeat that question? I am not quite sure what

you mean.

Q. Sorry, within 20 minutes of leaving your office the two 182

officers were murdered?

A. Yes.

Q. What does that say to you about what information the 183

subversives might have had in relation to their movements?

A. Well, it meant that they had either good information or

they were lucky on the day.

Q. Well, let's put lucky on the day to one side, because 184

that's always a possibility. Let's look at good

information. First of all they would have needed to know

that the two officers were going to be in the station at

some point during the day, isn't that right?

A. Yes, which they could have known quite easily by following

them into Dundalk.

Q. And they arrived at the station, but the one thing they 185

don't know, of course, is when they are going to leave,

isn't that right?

A. No.

Q. Nobody knows that -- 186

A. No.

Q. Whenever the meeting comes to an end, that's when they 187

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leave, isn't that right?

A. That's right.

Q. So, is it your view that they were followed again? 188

A. Yes, because it would be leaving too much to chance to know

which road they were going to take, although history has

shown that they went more or less the same route most of

the time.

Q. Well, that's your view, is it? 189

A. Maybe eight out of ten times.

Q. That's your view, all right. What thought crossed your 190

mind when you heard of the murders?

A. Well, naturally I was shocked initially because I was the

last person to have met with them and spoke with them.

Initially, if it's a question of did somebody -- was there

a mole, as was publicised afterwards? That didn't cross my

mind immediately. I was convinced then and, indeed,

perhaps still am, that it was a well executed Provisional

IRA ambush and that it was well organised and it wasn't

left to chance and we were dealing with very professional

terrorists or killers on the border, who roamed at will the

entire area, and who is to say that they hadn't, on

numerous other occasions, carried out surveillance on

previous visits to the south and worked out a plan and that

on this particular occasion they were able to execute it.

There may have been other occasions where they had a

similar plan in mind and set up and weren't able to execute

it because the victims took a different route.

Q. But it was the day after the murders that Assistant 191

Commissioner O'Dea came up to Dundalk Station, is that

right?

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A. Yes.

Q. And his task was to inquire whether there had been a leak, 192

isn't that right?

A. Just to investigate for the Commissioner and for the

Government.

Q. Absolutely, but whether there was a leak, isn't that right? 193

A. Well, you raised this before. It was to find out the

entire circumstances of the killings: Why they were in

Dundalk, what was said while they were in Dundalk, when

they left, who they met and so forth. It was a broad

investigation into, and if a mole was involved in it, that

would be part of it, but he didn't come up, and I am sure

he can speak for this himself, but it wasn't a priority we

find the mole, because there was no history of moles. I

mean, the whole operation in Dundalk for years there was

dealing with terrorists and border activity and border

incidents and VIPs crossing the border from both

directions, and there wasn't a day that there wasn't some

form of intrigue or incident in that area. So, one didn't

think of moles.

Q. But hadn't the allegation of collusion or moles, call it 194

what you like, arisen in connection with previous murders?

A. Yes, but not necessarily through -- from Garda sources. I

mean, it would be something, I'm not critical of the media

for advertising, it is always the possibility and it's a

good headline to put out a day after the event, that a mole

is being investigated, but nobody can specifically say that

there was a mole or an informant.

Q. Oh, indeed, and hence the reason for the inquiry? 195

A. Yes.

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Q. But a clear conclusion, I think you are aware of this, but 196

if you are not I can show it to you, I might even have it

here, that the Assistant Commissioner said that he is

satisfied there was no leak from Dundalk Station. So

clearly the question of whether there was a leak was part

and parcel of his task. It was one aspect of his task,

isn't that right?

A. Yes.

Q. And when you talk about a leak, you are talking about a 197

mole?

A. Yes.

Q. So, the question of whether or not there was a mole was in 198

fact a consideration at the time?

A. Oh, yes, of course it was, yeah.

MR. DILLON: Thank you.

THE WITNESS WAS CROSS-EXAMINED BY MR. McGUINNESS AS

FOLLOWS:

Q. MR. McGUINNESS: Good afternoon, Mr. Nolan. My name is 199

Dermot McGuinness, I am appearing for An Garda Siochana.

Just in terms of your experience before you came to

Dundalk; you had first been promoted to a Detective

Superintendent in 1980 and then you went to the Technical

Bureau?

A. Yes.

Q. And then you spent four years there and you were promoted 200

as Chief Superintendent. And then you spent a year in the

Crime Branch as Chief Superintendent?

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A. Yes.

Q. And then you spent three years in 'B' Branch? 201

A. Yes.

Q. And that dealt with personnel? 202

A. Yes.

Q. And you were, in a sense, running 'B' Branch under one of 203

the Assistant Commissioners?

A. Yes.

Q. Reporting directly to him? 204

A. Yes.

Q. And in that capacity, every sort of discipline file would 205

have passed through your hands?

A. Yes.

Q. And you would have processed that? 206

A. Yes.

Q. And dealt with every case of alleged ill discipline and 207

discipline as found?

A. That's correct.

Q. And separate from that is the issue of the deployment of 208

members in the interests of the service, and I think you

have correctly pointed out that transfer is not a penalty

under the Discipline Regulations, nor was it ever such a

penalty?

A. Yes.

Q. And Mr. Dillon was asking you about your report of February 209

of 1989 to Crime and Security. And there was nothing

unusual in sending that to Crime and Security because you

hadn't the power to reassign a Detective Sergeant to

uniform duties or to any other division?

A. That's correct, yes.

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Q. So, the fact that Mr. Corrigan's -- an application, as it 210

were, in relation to his transfer went to Crime and

Security was nothing unusual and, in fact, it was the only

proper and regular course?

A. Yes.

Q. The separate issue which later arose of discipline 211

regulations, that was a matter within your jurisdiction as

the Chief Superintendent in Dundalk?

A. Yes.

Q. And you were entitled to and did invoke the discipline 212

regulations, and that was sanctioned. And that first set

of discipline regulations took its course?

A. Yes.

Q. Now, in terms of Sergeant Corrigan's duties at that time, 213

you had come from three years of dealing with every

discipline problem that arose in the Gardai and you

obviously formed a view about Sergeant Corrigan and the

interests of the service insofar as him being stationed

there?

A. Yes.

Q. And in terms of his work record, as such, in fact he wasn't 214

reporting directly to you as the Chief Superintendent?

A. No.

Q. I mean, he would be expected to report to the Detective 215

Superintendent in charge of the detectives in Dundalk?

A. Yes, but the Detective Superintendent would report to me.

Q. Yes, I understand that, of course. He could also, indeed, 216

report to Headquarters, and you would have known

historically that he had done that over the years?

A. He could do that, but it wasn't the proper way to do

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things. One followed the proper chain of command and

reported to his Sergeant, to their Inspector, to Detective

Superintendent, to the Chief Superintendent, but that's not

to exclude the fact that he could have gone directly, as he

did in the past, but he chose to do that.

Q. Reporting directly to Crime and Security, that wasn't 217

something either initiated necessarily by him, that was

permitted at the time?

A. If the information was good, it was welcomed.

Q. Yes, and he could report either directly or by means of 218

C77s as well?

A. Yes.

Q. And any intelligence that might have been garnered by any 219

of the detectives, it wouldn't necessarily go to you either

directly or indirectly?

A. If it was on a C77, a copy would be sent to the Chief

Superintendent, yes.

Q. Well, I don't want to revisit issues you have dealt with 220

already, but were you ever made aware of any criticism

about C77s being not carefully stored or kept in the

offices?

A. At what level?

Q. Pardon? 221

A. What level? In what office?

Q. At the level of Chief Superintendent or Detective 222

Superintendent?

A. There was never any problem keeping such documents in my

office.

Q. Now, insofar as ceasing to perform duties while you were 223

there, I think is it the case that he reported sick

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immediately prior to the date when his transfer was due to

come into effect in December of 1989?

A. I couldn't be sure of the day or the date, but it was

around that time.

Q. We have seen the sequence of events, which I don't want to 224

go into any detail on, but he had exhausted his appeal to

the Review Body?

A. Yes.

Q. The Review Body's recommendation that an alternative 225

posting within the division had been rejected by the

Commissioner, effectively?

A. Yes.

Q. And the order to effect the transfer to Harcourt Street 226

came into effect then, and he didn't take any proceedings

in relation to that, unlike many other members have done in

the past, as such?

A. You mean he didn't go to the courts?

Q. Yes. 227

A. No, he didn't.

Q. And in terms of reporting sick, whilst it may be obviously 228

and is obviously unacceptable if a member erroneously or

wrongly reported sick, it was not an uncommon feature for

guards required to transfer to fall sick at the prospect of

the transfer taking place?

A. Oh, it was quite regularly done, yes. It was a means to

delay and frustrate the execution of the transfer.

Q. And it's obviously not acceptable, but that wouldn't be at 229

all an unusual feature?

A. Not unusual, as long as there was a medical certificate to

support that.

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Q. Now, just a small technical point, because it arises from 230

something Mr. Dillon issued. When you commenced the

disciplinary proceeding against him, was he suspended from

duty at any stage?

A. No.

Q. And Mr. Dillon asked you whether and why the disciplinary 231

proceedings didn't continue after he retired. Is it

correct to say that all of the penalties available in the

disciplinary process all relate to his employment?

A. That would be correct to say.

Q. Reprimands, suspensions, reduction in rank, reduction in 232

pay and ultimately dismissal?

A. Yes.

Q. None of those are obviously applicable or could have effect 233

if he is allowed to retire?

A. Well, unless a monetary fine perhaps could be enforced

afterwards by way of a deduction from pension or something

like that.

Q. Am I correct in saying that at this point in time the 234

interaction between the disciplinary process and the

retirement regulations was such that a person facing

disciplinary proceedings couldn't retire without the

permission of the Commissioner?

A. That's correct.

Q. And the Commissioner obviously decided on Mr. Corrigan's 235

application to allow him to retire?

A. Yes.

Q. And that made the disciplinary proceedings redundant? 236

A. That's correct.

Q. And Mr. Corrigan was then free to pursue his other outside 237

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interests?

A. Yes.

Q. Now, in your statement, at page 16, Mr. Dillon had been 238

asking you about the issue of a mole. Were you ever

informed at any stage by, either through Chief

Superintendent Breen or Superintendent Buchanan or Chief

Superintendent Breen's Staff Officer that there was any

issue about a mole in Dundalk Garda Station?

A. I personally was never told that, and with the benefit of

hindsight I often wonder if that was the case and if

Mr. Breen's Staff Officer had expressed concern on that

morning, why that wasn't passed on to me by Mr. Breen.

Q. You say: "I am surprised to think not alone that they 239

think there was a mole, they knew and named the mole and a

mole was named under privilege as I know afterwards." And

you ask: "Why did the RUC itself as a force not think it

important enough to pass that on to us to enable us to do

something, because in those circumstances I am sure some

sort of special surveillance would have been placed on the

person."

A. Yes. But I believe that the fact that this person had been

named, this alleged mole in the Garda Siochana had been

named perhaps at a higher level meeting of the RUC and the

Gardai, because I have a recollection that Sir John Hermon

commented on the fact that this person had been excluded

from their inquiries and concerns.

Q. You seem to express a view in the following terms: "I am 240

inclined to think that this person was possibly seen in the

company of known subversives and that a conclusion was

drawn that it was for the wrong reason."

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A. It's a possibility, yes, that such a conclusion could be

reached.

Q. But if such information had been known, made known to you 241

as a Chief Superintendent in relation to any named person,

would you have taken steps immediately?

A. Not necessarily, because if a detective wanted to get good

information, the obvious source was a member of the IRA or

the PIRA.

Q. My question was directed, or perhaps to a different issue. 242

If you had known or if someone had named someone as a mole,

would you have taken steps immediately yourself?

A. Of course I would.

Q. If, for instance, you had learnt that a search was possibly 243

compromised by some tipping off of information, would you

have taken steps immediately if any such thing had

occurred?

A. I would have had to, yes, to find out why it was

compromised.

Q. You were the Chief Superintendent in Dundalk in January of 244

1990?

A. Yes.

Q. Did Detective Inspector Prenty ever suggest to you that a 245

search had been compromised?

A. He may have, but I don't have any recollection of that.

Q. Would you expect to recall that if it related to a search 246

of, as it were, a high value PIRA suspect?

A. There are many important searches and many important

incidents. I'm not sure that any specific one would stick

out in my mind around this time.

Q. You have no recollection of Detective Inspector Prenty 247

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discussing it at any stage with you?

A. No. He may have, but I have no recollection.

MR. McGUINNESS: Thank you, Mr. Nolan.

THE WITNESS WAS CROSS-EXAMINED BY MR. O'CALLAGHAN AS

FOLLOWS:

Q. MR. O'CALLAGHAN: Good afternoon, Mr. Nolan. Mr. Nolan, I 248

think you'd agree with me that many members of An Garda

Siochana are subjected to disciplinary inquiries, wouldn't

that be correct?

A. Yes.

Q. And there is nothing unusual about a member of An Garda 249

Siochana being inquired into on a disciplinary issue, it

happens frequently within the Force?

A. Yes.

Q. And have you conducted many of them yourself? 250

A. I have not conducted very many, no, but I was certainly, as

previously stated, involved in all of them over a period of

three years by way of adjudicating on them.

Q. And I am sure there are many members of An Garda Siochana 251

today who, on their record, have some minor disciplinary

finding against them, wouldn't that be correct?

A. It would.

Q. And members of An Garda Siochana can also be the subject of 252

allegations which are false or exaggerated, would you agree

with me on that?

A. Yes, there is a provision under the complaints procedures

then, I think it's been changed since then, but many

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complaints are made that are often unsubstantiated and it

can be vexations.

Q. And in order to ensure fairness for the member of An Garda 253

Siochana and, indeed, the person making the allegation,

there is a statutory procedure in place to deal with

complaints against An Garda Siochana?

A. That's correct.

Q. Under disciplinary inquiry, isn't that correct? 254

A. That's correct.

Q. And members of An Garda Siochana are entitled to fair 255

procedures when they come to defend themselves, isn't that

so?

A. That is so.

Q. And you, in respect of Mr. Corrigan, you heard allegations 256

against him and you commenced what you thought was the

disciplinary process, isn't that so?

A. That's so.

Q. But if somebody wants to get a fair assessment of 257

Mr. Corrigan's disciplinary record, would you not agree

with me that the place to look is to see what were the

findings against him adjudicated upon through this fair

system of disciplinary procedure? What was he actually

found to have breached by way of discipline?

A. Well, the only way of doing that is to set up the procedure

to allow such an investigation to take place. That is fair

procedure.

Q. Well, it is fair procedure. 258

A. There wasn't any summary way of doing it. But I think if

you are coming around to the fact of why was he being

transferred?

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Q. No, I am not. I am coming around to the fact that 259

ultimately at the end of his career there were only two

findings of breach of discipline against Mr. Corrigan: One

for altering the logbook and the other for an unauthorised

use of a Garda car, isn't that correct? Maybe you know

that, but they are the only findings against him?

A. Yes, but I think there was another set of breaches of

discipline that weren't concluded.

Q. I know, but in fairness -- 260

A. But only two at that point.

Q. They are the ones we spoke about with Mr. Dillon earlier 261

on, the fire bombing of the house --

A. They were the only two proven ones.

Q. But in fairness to Mr. Corrigan, isn't he entitled to have 262

the full process of the disciplinary procedure before a

finding is made against him?

A. And I imagine that was the case, that that was done.

Q. And in terms of the outstanding allegations, the one which 263

you say were never concluded, it would be very harsh on him

to say that he is guilty of those breaches of discipline

since they never concluded?

A. That's right. But...

Q. And so when we look at Mr. Corrigan's record, his 264

disciplinary record, there are two findings against him:

Altering a logbook in a car and unauthorised use of a car,

for which he was subjected to a fine of £150. Would you

agree with me that those disciplinary findings against him

are of a minor nature?

A. Those two specifically, the two of them would have been of

a relatively minor nature, yeah.

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Q. And of course what differentiates Mr. Corrigan from all 265

other members of An Garda Siochana who have minor

disciplinary findings against him, is that his whole

disciplinary record is being examined in detail by this

Tribunal and reported publicly, as is our requirement in

the State of people who are covering this Tribunal. So,

can you see the different position my client is in from

other members of An Garda Siochana who have been subjected

to minor disciplinary findings?

A. I think there is a difference there, there is disciplinary

breaches, but there is also his behaviour, or misbehaviour.

Q. But what I want -- 266

A. In other words, that there are varied circumstances of acts

that he did or omitted to do which would, if proven, show

breaches of discipline.

Q. You are absolutely correct. And the most important words 267

you used there, Mr. Nolan, were "If proven", isn't that so?

He is entitled to have the process, isn't that correct?

A. Yes.

Q. And it is not for this Tribunal to determine whether or not 268

he was in breach of discipline in matters that have not

been concluded?

A. Well, that's a matter for the Tribunal.

Q. Okay. But of course, every negative statement that is made 269

about Mr. Corrigan in this Tribunal is adjudicated in the

context of the central allegation of this Inquiry, you are

aware of that?

A. That conclusion can be drawn.

Q. And that could be very unfair to him, would you agree with 270

me in that respect?

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A. Perhaps, yeah.

Q. And you said in your evidence to Mr. Dillon that you did 271

not think he was in any way involved in colluding with the

IRA in the killing of these two RUC officers, isn't that

correct?

A. Yes.

Q. But of course, the suggestion being made to you by272

Mr. Dillon and the case - I am not trying to be unfair to

him - the case that he may be attempting to construct is

that in fact Mr. Corrigan was involved in smuggling.

Because he was involved in smuggling, he had to be involved

in some respect with the IRA along the border and,

therefore, that's the magic link to the killing of the two

RUC officers?

A. Well, I don't know what Mr. Dillon was trying to show, but

I think the evidence would indicate that we were trying to

establish the character of the individual based on his

history and his activities in the border area and any

dealings with people who were suspects both in smuggling

and in criminal acts.

Q. Well, the basis for this theory is that Mr. Corrigan was 273

involved in smuggling, do you recognise that? That's the

basis for the alleged suggestion?

A. There is a strong suspicion.

Q. Okay. You have no evidence that Mr. Corrigan was involved 274

in smuggling, isn't that correct?

A. That is correct.

Q. You never sought to initiate a disciplinary complaint 275

against him or, indeed, a criminal complaint against him

for involvement in smuggling, isn't that correct?

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A. It is.

Q. And when you look at the letter you wrote, I don't know if 276

you have it in front of you there, Mr. Nolan, it's the one

dated 16th February, 1989, addressed to Mr. O'Dea, you

outline a number of your concerns, isn't that so?

A. Yes.

Q. And what you state in respect of smuggling at the beginning 277

is that: "Corrigan was to be named in an RTE television

programme as being involved in smuggling activities along

the border."

I assume, Mr. Nolan, that members of An Garda Siochana are

not perceived as being involved in criminal activity simply

because there is a suggestion they are going to be named in

an RTE programme?

A. Any reference I made to that particular programme was

something that occurred before my time there. I was merely

repeating what had been brought to my notice at that time.

Q. And who had brought it to your attention? 278

A. It must have been correspondence that existed or it may

have been Superintendent Culhane.

Q. But you have no direct information or evidence about this 279

RTE programme, isn't that correct?

A. That is correct.

Q. And in a way, your concerns about Mr. Corrigan's alleged 280

involvement in smuggling initiated from the RTE programme?

A. Oh, not at all. Rumours were rife in the area within the

station, and some civilian acquaintances of mine even

mentioned it to me that they suspected he was involved in

smuggling.

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Q. But you in your evidence said that this smuggling related 281

to cars or something like that?

A. That was in reply to what type of smuggling he may have

been engaged in.

Q. And we know that Mr. Corrigan, as a member of An Garda 282

Siochana, bought and sold cars, isn't that correct?

A. Laterally when he was out sick he was supposed to be

engaged in importing and selling cars from his home.

Q. Well, I'll come back to the issue about his sickness. But 283

you state in your letter that you have no positive proof

that he is involved. So all it was was rumour and

speculation, Mr. Nolan, isn't that correct?

A. That's right.

Q. And if you thought it was something particularly serious, 284

you would have identified a specific complaint or you would

have put a member of An Garda Siochana to investigate the

matter, isn't that correct?

A. It's not easy to catch anyone smuggling.

Q. If you thought it was -- if you thought he was committing a 285

criminal offence, you would have investigated the matter,

isn't that so?

A. Yes.

Q. And you never sought to investigate him in that respect? 286

A. There wasn't enough evidence to initiate an inquiry.

Q. Now, Mr. Corrigan opposed his transfer and sought to appeal 287

it. He was perfectly entitled to do that, isn't that so?

A. Yes.

Q. And you opposed that appeal on the basis when you heard 288

that he was to be transferred to Drogheda, isn't that so?

A. Yes.

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Q. But you also, I understand, opposed it in a letter to 289

Mr. O'Dea at the end of it when you said, "He is a very

convincing man and could easily give the impression to

those hearing his appeal that he is being unfairly and

harshly treated." Mr. Corrigan is perfectly entitled to

try to convince the appeal panel about his predicament,

isn't he?

A. Yes.

Q. Any appellant is entitled to put their best case forward? 290

A. Of course.

Q. And is that a criticism of Mr. Corrigan, the fact that he 291

is very convincing?

A. It was something I felt the Review Body should be aware of.

Q. You also recorded in the undated note to the Deputy 292

Commissioner of Operations that there was a long history of

hostility between Sergeant Corrigan and Mr. Prenty, isn't

that correct?

A. That's correct.

Q. And being blunt about it, Mr. Prenty did not like 293

Mr. Corrigan, would you agree with that?

A. Oh, that's correct.

Q. But one of the complaints that are made about Mr. Corrigan 294

is that he used a Garda car whilst on duty to attend the

unveiling ceremony for a colleague, Sergeant Paddy

Morrissey, who had been shot. Where was Mr. Morrissey

shot? Was he shot in Cavan or was he shot in Dublin?

A. Cavan.

Q. Would you agree with me that that type of a complaint 295

against Mr. Corrigan is rather a pathetic complaint?

A. No.

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Q. Why not? 296

A. Well, taking an official car that could have been required

for other work in Dundalk over to County Cavan to attend

any ceremony without permission I would regard as serious.

That car could have been required for urgent work in

Dundalk. Furthermore, if he wanted to go there, there

would be circumstances where he would be given permission

to go there and, indeed, even volunteer to take others with

him. And also, in normal circumstances if one wanted to

attend something like that, a member of the Force wanted,

they would go in their own private car and probably invite

two or three others who knew Mr. Morrissey to go along with

him.

Q. Would you agree with me that that type of complaint is 297

indicative of the fact that there were certain other Gardai

in Dundalk Garda Station who had it in for Detective

Corrigan?

A. I am not aware of anybody having it in for anybody.

Q. I have to suggest to you that that type of complaint 298

reveals an attitude towards Detective Sergeant Corrigan

that is unfair, would you agree with that?

A. I wouldn't.

Q. You also put in your note he was directed on permanent 299

transfer in 1978 as a result of suspected shoplifting in

Dundalk. Now, this is a complaint you are making to the

Deputy Commissioner?

A. This is just historical information that I knew nothing

about. I was merely quoting from previous correspondence,

I think that would have happened way before my time.

Q. But once again, you included it, although you had 300

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absolutely no evidence for it, Mr. Nolan, isn't that so?

A. There must have been evidence in the first investigation

that created that correspondence.

Q. But in fairness to Detective Corrigan, is he not entitled 301

to the same principles of fairness that every other member

of An Garda Siochana is entitled to?

A. I think he got that.

Q. He was never convicted of any shoplifting, was he? 302

A. No, he was merely passing on information that perhaps the

reader wasn't aware of.

Q. In conclusion, Mr. Nolan, would you agree with me that all 303

of the allegations that you have aired against Detective

Corrigan were based on rumour and hearsay?

A. No, I wouldn't agree with you on that. There is ample

evidence in relation to his misuse of official transport,

the altering of documents. Indeed there were many other

instances where he wasn't charged with any breach of

discipline which I think he -- where he should have been,

for instance the two occasions where he was on duty for a

full eight-hour period without attending to two very

serious, outrageous -- an abduction and murder in one

instance of John MacNulty who was taken from a pub and

taken across the border and murdered, and he was the only

Detective Sergeant on duty in Dundalk on that night who

never went to the scene of the crime or ever gave an

explanation why he didn't attend there.

Q. Are you the disciplinary body that determines whether or 304

not Gardai are guilty of breaches of discipline?

A. Sorry?

Q. Are you the body that determines whether or not -- 305

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A. Am I?

Q. Yeah, are you the person, are you the entity that decides? 306

A. No.

Q. No, you are not, and those matters were never determined by 307

the disciplinary panel, isn't that correct?

A. They may not have been determined by a disciplinary panel

or investigation but the fact is that they happened.

Q. You were the prosecutor, effectively, in those matters,308

Mr. Nolan, and I have to suggest to you that it's unfair

for you to give an impression to this Tribunal that they

definitely happened when there has been no adjudication on

them?

A. I am entitled to give my views on something that was common

knowledge to those who served with him in Dundalk at the

time.

Q. Common knowledge but no evidence is produced? 309

A. The evidence is that if you relate to that incident

involving the abduction and murder, the evidence is that he

didn't attend and didn't respond and didn't account for his

absence.

Q. Where is that evidence? What is the evidence? 310

A. The evidence is that he didn't, that he wasn't there.

Q. Were you there? 311

A. I was in Dundalk.

Q. And are you the person to give evidence to say that he 312

didn't respond to it?

A. I am.

Q. Well, how do you say that he didn't respond to it? 313

A. Because I was informed that he didn't respond and never

submitted a report or never -- or wasn't involved in the

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investigation.

Q. You don't have direct knowledge of it, you were informed of 314

it, isn't that so?

A. Of course.

Q. You also suggested in some respect that he was out on sick 315

leave when he shouldn't have been out on sick leave.

Presumably his sick leave was verified by medical

certificates, isn't that correct?

A. It would have to be if he was out, yes, otherwise he would

be absent from duty, yes.

Q. And so I suggest to you that what you said about him is an 316

indication of further malice against him, suggesting that

he was out on sick leave when he shouldn't have been?

A. Well, if you put it that way, I personally didn't think

that he was genuinely sick. I thought he was on sick leave

with the purpose of frustrating his transfer and the

procedures, the disciplinary procedures.

Q. And can I ask you: Do you have medical qualifications? 317

A. I don't require them to form an opinion such as that.

Q. Are you suggesting that your medical assessment of 318

Mr. Corrigan is superior to that of the doctor that

certified him sick?

A. Well, maybe it was fortuitous that his illness came at the

time when he was being investigated and transferred,

because I think prior to that he had quite a healthy aspect

about him.

Q. I'll ask the question again. Are you suggesting that your 319

medical assessment of Mr. Corrigan is superior to that of

the doctor --

A. No, I am not suggesting that. I am merely offering an

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opinion. I am not offering a medical opinion.

MR. O'CALLAGHAN: Thank you.

MR. COFFEY: No questions.

THE WITNESS WAS CROSS-EXAMINED BY MR. ROBINSON AS FOLLOWS:

MR. ROBINSON: Mr. Chairman, with your permission.

Q. Mr. Nolan, I am Mark Robinson, I appear on behalf of the 320

PSNI. I wonder if I can bring you to the visit by

Assistant Commissioner O'Dea following the murders. Can

you assist the Tribunal by telling the Tribunal your

knowledge prior to Mr. O'Dea arriving, what his visit was

for?

A. Well, I expected that immediately after the events that

somebody would be sent from Headquarters to investigate it,

to find out what happened. In other words, while I did

submit reports, which the Tribunal have, I would have

expected some independent senior officer to come and

investigate it. So, when it was Assistant Commissioner

O'Dea, I wasn't surprised because he was the most senior

officer in the Crime and Security Branch who dealt with

cross-border activities.

Q. Can you recall how you were informed of Mr. O'Dea's visit? 321

A. I would expect it was a telephone call from him.

Q. And did Mr. O'Dea outline the remit of his visit? 322

A. No, it wasn't quite as official as that. He just came up,

"I want to interview everybody who was in the station",

starting with me.

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Q. And did you discuss the possibility of a leak at that 323

stage?

A. No, we didn't. I think, as I said previously to

Mr. Dillon, while that may have been one of the things that

was being looked into, it wasn't the foremost and the

purpose of the visit, as I envisaged it, was that he would

interview everyone in the station and establish a picture

of the events that led up to the shootings.

Q. You informed My Learned Friend, Mr. Dillon, that the 324

possibility of a leak was a consideration at that time.

That was your evidence?

A. The possibility would have been there, yes. It's one of

the possibilities, yes.

Q. And when Mr. O'Dea then arrived for the purpose of his 325

investigation, did you discuss this consideration of a mole

or a leak?

A. You must bear in mind that when Mr. O'Dea arrived, he knew

nothing about the events other than what he had read in the

papers or what I had, what information I had passed on on

the night of the killings. So...

Q. Going back to my question: When Mr. O'Dea arrived, did you 326

discuss the consideration of a mole?

A. No, not specifically.

Q. Well, what does that mean? 327

A. It means he didn't say to me, "Well, we want to find out

the mole." I don't think he came with a predetermined

approach to the investigation. As I said on numerous

occasions to the Tribunal, that he came to find out the

entire circumstances of the events that led up to their

visit to the station, that would have included the prior

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arrangements for the visit, the visit itself, what

transpired in the station, who they met, when they left and

how they left.

Q. And it's correct that you compiled a list for Mr. O'Dea? 328

A. He had assistants with him, I think he had an Inspector

Carty at the time, and I think between them they made their

own arrangements. You must bear in mind that I was just

another one of those officers in the station of all ranks

who were being investigated. I didn't enjoy any special

privilege or was I any part of their investigation.

Q. Just going back to the question, did you compile a list? 329

A. No.

Q. No? Subject to the record before the Tribunal --330

A. I didn't --

Q. -- Mr. O'Dea said you did provide him with a list? 331

A. No, I didn't provide him with a list as such, he would have

made his own inquiries because there are various

departments within the station, they would have to be

contacted and the names of members of the Force and

civilians who were in the station on duty at the time would

have to be established. I didn't do that for him.

Q. Mr. O'Dea's evidence was that you provided him with a list 332

and he went through the list and spoke to those witnesses.

Do you dispute that?

A. If I did, it was given to me by somebody else, because I

certainly didn't go around the station inquiring in the

various offices who was there. It may be that somebody

within my staff compiled such a list and gave it to me and

I gave it to him.

Q. Well, let's just try and be clear. When he contacted you 333

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the night before, the day before indicating that he was

going to arrive for an investigation and he wanted to speak

to everyone that was on duty, did you direct one of your

staff members to compile a list?

A. I don't have any recollection of that. As far as Mr. O'Dea

and I were concerned, he said he wanted to interview me and

the best way, he said, to do it was to take a statement

from me, and that's what he did. And after that I had no

further involvement with him.

Q. And Mr. O'Dea also said that he took the list, he went 334

through the witnesses on the list. You have no knowledge

of that?

A. No. As I say, if he was given a list, it had nothing to do

with me.

Q. He also told the Tribunal that he did not cross-reference 335

or check the journals or records within the station as to

who was actually on duty that day, he worked from the list?

A. Yes.

Q. Are you aware of that? 336

A. I am not.

Q. Did Mr. O'Dea ever come back to you and ask -- present you 337

with a list and say, "Would there be any possibility of

other Gardai being on the premises at the time?"

A. I never saw a list. I have no recollection of ever giving

him a list. If he got a list, it was compiled within the

station at some level and given to him. If he says I gave

it to him, it was because somebody gave it to me. I didn't

go round the station, which is quite a large station, and

make those inquiries. They would have to be made, but I

didn't make them.

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Q. When he spoke to you during your interview or when you 338

provided the statement, was the issue of a leak or a mole

addressed during that process?

A. If it was, it was included in my statement. If it wasn't

--

Q. Can you recall being asked about a mole or a leak? 339

A. No, no, I can't.

Q. And after your discussion with Mr. O'Dea, did you have any 340

additional meetings with Mr. O'Dea during the process or

during his visit?

A. We went to the funerals together, I'm not sure whether that

was the day after the statement or before it, but we went

North together and attended both funerals.

Q. And did you have any discussions about the investigation he 341

was undertaking?

A. No.

Q. None at all, none whatsoever? 342

A. We may have had a general conversation about it but I think

we didn't talk about leaks or moles. As I keep repeating,

the purpose of the visit and my interview with him was to

establish all of the circumstances surrounding the event.

And then as a result of that, the question --

Q. Mr. Nolan -- with respect, Mr. Nolan, the officers are 343

murdered minutes from leaving Dundalk Station. You have

told the Tribunal that at the time it was a consideration

that there was a mole or a leak, and is it your evidence

that that issue was never discussed --

A. I am not saying --

Q. Mr. Nolan, wait. Is it your evidence that that issue was 344

never discussed with Mr. O'Dea who came to investigate

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that?

A. It may have been mentioned and I am sure we did mention was

there a possibility of somebody having given the

information, but it was not dwelled on because neither of

us felt at the time that there was a leak within the

station and we certainly couldn't put it beyond the fact

that we wouldn't know until it was investigated. I mean,

it would be wrong to say --

Q. Mr. Nolan, are you not telling the Tribunal that both 345

yourself and Mr. O'Dea reached a conclusion that there

wasn't a leak, or you were satisfied there wasn't a leak

without performing an investigation?

A. We couldn't come to a conclusion until he had interviewed

all the people in the station.

Q. And that after that process was finished, did he come back 346

to you?

A. I wasn't privy to what happened after that. His

investigation was carried out by him and whoever he had

assisting him.

Q. Now, moving to the point of contact with Mr. O'Dea. If 347

this possibility of a leak or a mole was a consideration at

the time it would be logical to look to who within the

station would have connections with, or links with

subversives, would that be correct?

A. Would you repeat the question?

Q. When addressing the point -- you said it was a 348

consideration at the time that there was a leak. Would it

not have been the case that the first thing or a logical

step would be to look to the station to see who would have

a connection with subversives?

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A. That would be part of Mr. O'Dea's investigation, yes. When

you say "connection with subversives", I am sure every

detective in Detective Branch in Dundalk would have had

some connection with subversives, because that's how they

got their information.

Q. And you have given evidence about your impression of the 349

alleged or suspected involvement in smuggling by

Mr. Corrigan?

A. Yes.

Q. Was there anyone else in Dundalk Station that had a similar 350

level of suspicion or allegation made against them?

A. Not to my knowledge.

Q. So that's quite a unique position, that not only does 351

Detective Sergeant Corrigan deal with subversives, but he

has that additional air of suspicion regarding smuggling?

A. If there were others, they were not -- they didn't come

under notice to the same extent as he did.

Q. And on that basis, would it not have been logical to 352

mention that Mr. O'Dea should interview Mr. Corrigan or

speak to him?

A. Mr. O'Dea was well aware of Mr. Corrigan's activities at

that time, because only in the previous month I had written

to him, and you have seen the report there.

Q. Yes, that's what I am coming to. Surely with your 353

knowledge of your suspicions around Mr. Corrigan linked to

smuggling, which we have all heard evidence, that must

involve some permission or otherwise from subversives, did

you fail to mention that to Mr. O'Dea or draw his attention

to it?

A. I didn't have to do it because he knew it. But there was

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no history of involvement, moles or informants, I am happy

to say, during my time or, indeed, throughout, as long as I

remember, on the border.

Q. Mr. Nolan, with respect, the fact there is no history does 354

not mean it, A) wasn't taking place and B) it could have

gone by without being detected, and does not mean -- it

doesn't follow simply because there is no history that

there is no possibility of it?

A. It doesn't, but that was the purpose of the inquiry, to

find out. It could be, if there was a mole it might not

have been even the most obvious one who was suspected of

smuggling or who had contacts with subversives. It could

have been a civilian, it could have been the most junior

Garda in the station whose background or sympathies were

unknown to us. So that was the purpose of the

investigation. It was a thorough investigation and the

conclusion was reached. But to say at the outset in the

very first meeting between Mr. O'Dea and myself, oh it was

him because he is suspected of smuggling, that is not

enough reason to suggest that there was a mole.

Q. Did you discuss Mr. O'Dea's conclusion in his report? He 355

said he was satisfied there was no leak. Did he ever

contact you to tell you that was the conclusion?

A. Never. The only time I ever -- I left the Force two years

afterwards and I met Mr. O'Dea once maybe two years ago,

that would be what, many, many years afterwards. I met

him, I think it was at a social event, and I just mentioned

to him -- I think at that stage I had already met the

officials of the Tribunal and that was all. We never

discussed it. Actually, I now recall having said who was

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this person that they refer to? And he named Mr. Corrigan.

MR. ROBINSON: I have no further questions, Mr. Chairman.

CHAIRMAN: Thank you, Mr. Robinson.

MR. DILLON: One or two matters arising, Mr. Chairman.

CHAIRMAN: I take it there is nobody else who wishes to ask

any questions? No.

THE WITNESS WAS RE-EXAMINED BY MR. DILLON AS FOLLOWS:

Q. MR. DILLON: Correct me if I am wrong, but my recollection 356

is when you last were here before the Chairman you

mentioned that you had been interviewed a second time in

the context of the Assistant Commissioner's investigation

in 1989; that somebody came up to the station at a later

date and took a further statement from you?

A. Yes.

Q. In the meantime, have you managed to recollect who that 357

person might have been?

A. Detective Inspector Carty, I think.

Q. He came back? 358

A. Yes.

Q. Was this a month or two or how long later? 359

A. I think it was fairly soon afterwards.

Q. Okay. Now, the issue of a list of persons to be 360

interviewed has been raised. Now, I appreciate the

evidence you have given, I don't want to revisit that, but

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I want to put this point to you: The list seems to have

included Garda personnel who came on duty at two o'clock?

A. Yes.

Q. That's understandable because the officers arrived after 361

two o'clock and were seen in the station by certain members

after two o'clock, but the appointment was made at

10 o'clock or 10:30?

A. Yes.

Q. Which is the earlier shift? 362

A. Yes.

Q. So, shouldn't, in your view, the list have included those 363

who were on the earlier shift?

A. It should.

Q. Now, you told the Chairman that you were expecting a senior 364

officer to investigate. Now, you had yourself a senior

officer, not as senior as an Assistant Commissioner of

course, but you had Superintendent Tom Connolly who was

carrying out an investigation?

A. Yes. You see everybody within the station would have been,

for the purpose of an investigation, be suspect, and would

require to be interviewed. So, rather than being

interviewed by a subordinate, the obvious source was

someone senior to the most senior officer in the station.

Q. Why should everybody be a suspect? A suspect of what? 365

A. Suspect, maybe that is the wrong term to use to describe.

Would be a person, a source required to be interviewed.

Q. But you used a very interesting phrase there, which was the 366

reason somebody had to come up from outside and you

couldn't use Tom Connolly because everybody was potentially

a suspect?

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A. I use the "suspect" in the context of an investigation. So

I mean --

Q. A suspect who is somebody who is suspected of committing a 367

crime?

A. It wasn't a criminal investigation, it was an investigation

to establish the events, the series of events. So...

Q. But surely Tom Connolly, in the context of his 368

investigation, could do that very quickly?

A. No, that would be most improper because he would have

been -- someone would have to interview him. Why would you

allow Mr. Connolly to interview me when he was in the

station himself?

Q. But this comes back to the point that there was something 369

-- there was a concern that something was wrong, something

was amiss which had to be investigated by somebody outside

the station, isn't that right?

A. Mm-hmm.

Q. So what was the concern that somebody might be wrong? 370

A. The procedure, it's an established procedure that those who

were, or could have been involved in any way would not

investigate themselves, and somebody from either outside

the division or a senior officer to the most senior officer

in the investigation would carry out that investigation.

Q. That's a very fair answer, because in effect it means that 371

in circumstances such as these particular murders, the

question arises was anybody in the station potentially

involved in them, isn't that right?

A. That was the purpose to find out, yes.

Q. That is the very point, isn't it? 372

A. Yes.

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Q. Now, there was some mention of the RTE programme, and I 373

think that you explained to the Chairman, when we went

through your report of the 16th February, 1989, that your

information about it came from a report from the Chief

Superintendent in Drogheda on a particular Drogheda file of

1987. I think you pointed out that that predated your

arrival in Dundalk and that was the source of your

information?

A. Yes.

Q. Because I did ask you about Vincent Rowan and you said no, 374

he hasn't spoken to you about it?

A. No.

Q. Right. Now, it was put to you that Mr. Corrigan's breaches 375

were minor. Now, there are just two matters arising from

that. It's quite clear from the correspondence, it's quite

clear from your evidence that you applied yourself to the

transfer of Owen Corrigan out of Dundalk Station. The

energy that you applied to this activity suggests that what

you were concerned about was something more than a minor

breach?

A. Yes.

Q. Is that right? 376

A. Yes.

Q. And I think you have explained that there was a broader 377

background in which you were, in which you placed your

considerations?

A. Yes.

Q. But that said, the improper use, or the unauthorised use of 378

patrol cars, in one case proven, in another case alleged,

and I'll come to that in a moment, they are, I mean without

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sounding too harsh, they are matters of honesty or

dishonesty, isn't that right? It was dishonest?

A. Yes.

Q. And is that really a minor matter, dishonesty on the part 379

of a policeman?

MR. O'CALLAGHAN: Mr. Dillon is now cross-examining the

witness. I asked the witness a question. He said and he

agreed with me that they are minor matters. Mr. Dillon is

trying to cross-examine him to get an answer he would

prefer. And I am concerned, Sir, that it reveals on the

part of your counsel a certain agenda in respect of my

client. The breach of discipline is there. It was not a

breach of discipline for dishonesty. It was a breach of

discipline for unauthorised use of a car and alteration of

a logbook. He was fined £150 for it. That stands for

itself.

CHAIRMAN: And you suggested that that was minor.

Mr. Dillon is trying to expand this matter to question what

is really minor and what isn't. I think he is entitled to

do that.

MR. O'CALLAGHAN: The witness agreed with me it was minor.

Q. MR. DILLON: I am putting an extra dimension to the issue 380

to see what your attitude is.

A. In the scale of offences that could be committed,

disciplinary offences that could be committed, it would not

be on the higher level, and I think that would be shown by

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the amount of the penalty imposed, which would be less

than, much less than his week's wages. So --

Q. Very good. 381

A. It wouldn't be regarded as a very serious...

Q. That's fine. Now, just two matters remaining. The first 382

is, it was put to you that in fairness, the allegation

against Mr. Corrigan in the second or the last disciplinary

inquiry, if I can put it that way, was never borne home

because the inquiry never concluded its work?

A. Yes.

Q. Isn't that right? But I think the position is the inquiry 383

was in a position to carry out its duties, and the reason

it didn't was because Mr. Corrigan reported sick, as it

were, isn't that right?

A. Yes.

Q. Very well. Now, have you any information that suggests 384

that Mr. Corrigan was in any way compromised in his

dealings with subversives?

A. No, I haven't.

MR. DILLON: Thank you.

CHAIRMAN: Thank you very much. We have overrun one

o'clock by a few minutes.

MR. VALENTINE: The next witness is a retired RUC officer

who has been granted anonymity. In those circumstances,

since arrangements have to be put in place, I suggest the

full hour. Perhaps if the Tribunal would rise until ten

past two?

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CHAIRMAN: Ten past two. Thank you very much.

THE TRIBUNAL ADJOURNED FOR LUNCH.

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THE TRIBUNAL CONTINUED AFTER LUNCH AS FOLLOWS:

CHAIRMAN: I think Mr. Valentine is taking this next

witness, isn't that so?

MR. VALENTINE: Yes, Chairman, that's correct.

CHAIRMAN: We need the Court cleared while he takes his

seat because he is giving under behind the screen.

MR. VALENTINE: That's correct, Chairman, he is Witness 27.

CHAIRMAN: By the way, the matter which I had intended to

make a ruling on now, I would like a little more time to

prepare my ruling. Events have overtaken me in that it

hasn't been possible to schedule the witness for tomorrow

afternoon as we originally intended, so the matter loses

its urgency in that sense, but I will give my decision as

soon as I can well in time before he gives evidence.

MR. VALENTINE: Very good, Chairman.

CHAIRMAN: Mr. Durack, is that all right?

MR. DURACK: Yes.

MR. DILLON: The first witness tomorrow morning is dealing

with the same file, that is Mr. Fergus Doggett.

CHAIRMAN: Yes.

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MR. DILLON: I am not aware that there is anything in the

papers that he put together that could be described as

attracting a claim of privilege, but it is not up to me to

make that...

CHAIRMAN: Maybe not. Maybe so, maybe not. If we are

faced with it, well then we would have to deal with that

when it arises.

MR. DILLON: Do you wish to maintain Mr. Doggett for

tomorrow?

CHAIRMAN: I think we do.

MR. DILLON: Yes, I think we do.

MR. VALENTINE: Thank you, Chairman, it only remains then

to clear the Court.

CHAIRMAN: If all members of the public will be very good

and just leave the courtroom for the moment. You will be

called back before the witness gives evidence. Thank you

very much.

MR. VALENTINE: Sorry, Chairman, the public haven't been

called back in yet.

CHAIRMAN: Oh, I am sorry. They can come in while he is

being sworn.

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(Members of the public return to the hearing room.)

MR. VALENTINE: Chairman the next witness is a retired RUC

officer and it is a Witness 27. Before the witness takes

the oath, I would like to register the presence of Ms.

Crawford, the witness's solicitor, who has an application.

CHAIRMAN: Yes, Ms. Crawford?

MS. CRAWFORD: I am instructed on behalf of this witness.

I am from Edward & Company Solicitors, in Belfast. I have

an application in due course, if that is acceptable.

CHAIRMAN: Certainly. Not one you wish to make now?

MS. CRAWFORD: Not now, Sir.

CHAIRMAN: Thank you very much.

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WITNESS 27, HAVING BEEN SWORN, WAS EXAMINED BY

MR. VALENTINE AS FOLLOWS:

Q. MR. VALENTINE: Witness 27, I just, first of all, want to 385

confirm that you have before you a cipher list of the names

and corresponding witness numbers of other RUC, former RUC

officers who have given information to the Tribunal?

A. I do.

Q. Very good. Perhaps you might like to begin by outlining to 386

the Chairman your career in the RUC?

A. Chairman, I joined the RUC in 1966 and I spent six months

training in Enniskillen before being posted to Limavady as

a constable. I remained there for two years before being

transferred to Armagh in 1968, and then in 1969 to Belfast.

I then spent a year in Lurgan before I was transferred to

Derry in 1972, on promotion to Sergeant. After five months

there I was given a temporary transfer to Magherafelt to

replace a Sergeant who had been shot. I remained there

until 1976 when I was promoted to Detective Inspector and

transferred to Belfast. I served there for four years

before being promote d to Detective Chief Inspector and

transferred to Newry in 1980. In 1981 I returned to

Belfast, where I remained until promoted to Superintendent

on appointment as Head of Computer Services Department in

1984. During early 1987 I was appointed Uniformed

Commander of Newry and South Armagh, and in 1988 I was

promoted Chief Superintendent and deputy to the Assistant

Chief Constable of the border zone.

Q. And it was, I think, shortly after that and shortly after 387

the killings which are the subject matter of this Inquiry,

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that the perceived security threat to you was such that you

had to leave Northern Ireland, isn't that correct?

A. I was informed that nobody could protect me from the

security services and that I was domiciled to England.

Q. And in those circumstances, I should say we are 388

particularly grateful for your cooperation and for your

presence here today. There are just a number of periods of

your service which I will touch on during the examination,

a number of periods which are of particular relevance: the

period from 1980 to 1981, and I am correct that during that

period you served as Detective Inspector Special Branch in

Newry and that meant that you were effectively the head of

Special Branch in Newry police station?

A. And South Armagh.

Q. During the period '81 to '84 you worked for Special Branch 389

at RUC Headquarters in Knock Road, Belfast, is that

correct?

A. That's correct, yes.

Q. And for a brief period you then came out of Special Branch 390

and into Uniform Branch and you were the senior uniform

police officer in Newry in 1988, '87 to '88, is that

correct?

A. That's correct, Sir.

Q. Yes. And subsequently you then became a deputy to the 391

Assistant Chief Constable border zone. Can you first of

all explain, is that a uniform or Special Branch role?

A. It is neither. It's a combined role of uniform and liaison

and plain clothes, obviously, because of the number of

times it you would have to cross the border or meet with

senior officials from the Government and so on. So, it was

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a haggard sort of a job, nothing to do with Special Branch,

in a sense.

Q. Nothing to do with Special Branch but not plain uniform 392

either?

A. Not plain uniform.

Q. Can you explain when this post of a Assistant Chief 393

Constable border zone was created and the circumstances in

which it was created?

A. Well, following the Anglo-Irish Agreement, Sir, which I

think was 1984, the then Prime Minister of the UK, Margaret

Thatcher, decided to form the border zone and a new brigade

of the military, Three Brigade, and the border zone

consisted of the entire border, one side to the other, with

about 12 miles back into the north in area. And in that

area the military directed all operations along the border

with the consultation with the RUC, the Assistant Chief

Constable and the Bridageer were equal in rank in a sense,

and it was a combination. The RUC had primacy and directed

and advised the army on what acts and what steps to take.

Q. So, during your period when you were deputy to the ACC 394

border zone, you had responsibility for an area that

stretched right around from South Down to?

A. To Derry.

Q. From Fermanagh, Armagh, Tyrone and Derry? 395

A. That's correct.

Q. Can you explain the interrelationship between the border 396

zone ACC and the divisional police officers? Was there --

what was the relationship, for example, between the ACC

Rural East and the ACC for the border zone?

A. The ACC Rural East was responsible for the police divisions

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within that area. He had command, uniform command,

operational command on the ground. We, in the border zone,

had the capacity to advise and to consult and to coordinate

the entire border because there were two ACCs in the border

region, but we had an oversight of everything and so we

kept the thing flowing.

Q. Could you explain where the role of Border Superintendent 397

fits into the structure? Border Superintendent Bob

Buchanan was one of the board Superintendents?

A. That's correct. It was quite an anomaly, the Border

Superintendents, and from my recollection they were created

to improve the dialogue between An Garda Síochána and the

RUC on basically on a daily basis. They didn't have any

executive authority in terms of operations, from my

recollection. And they also liaised very closely with the

RUC commanders on the northern side.

Q. From previous evidence there seems to be some uncertainty 398

to whom Bob Buchanan reported as Border Superintendent.

Who was his immediate superior, can you shed any light on

that?

A. Well, I would have considered that it was Headquarters was

the creator of the post and Headquarters were -- he was

answerable to Headquarters, and through the various

channels obviously because we had a hierarchical structure,

would have gone through the Assistant Chief Constable Rural

up to the Deputy Chief or the Assistant Chief Constable.

Q. Even though he was a Superintendent in Harry Breen's 399

division, Division H, his immediate superior wasn't Harry

Breen?

A. No, no.

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Q. And even though you were Deputy to the ACC for the border 400

zone, his immediate superior wasn't you either?

A. It wasn't me, no. In theory and rank, bearing in mind the

hierarchical structure, in theory I was his superior but

not to give him day-to-day direct operational instructions

or directions. We did liaise, however, on a daily basis.

Q. When you were serving as deputy to the ACC border zone, 401

where was your office?

A. It was in Armagh.

Q. Whereabouts in Armagh? 402

A. In Dromad Barracks, which was adjacent to Gough Barracks

but it was the military headquarters, and I was co-located

with the military 3 Brigade with ACC, that is where we

operated.

Q. Yes. 403

A. But we also had direct access to all the police

establishments, obviously, and frequented them.

Q. Just to be clear. Dromad Barracks and Gough, what people 404

know as Gough Barracks were within the same command in

Armagh?

A. No, they are separate entities but they were adjacent.

Q. They were adjacent. And they were separate from the police 405

station in which Harry Breen had his office?

A. Oh, completely.

Q. And where was Bob Buchanan's office? 406

A. I know he worked from Armagh police station.

Q. And what you refer to as 3 Brigade, where was the 407

Headquarters of 3 Brigade?

A. In Dromad Barracks adjacent to Gough Barracks.

Q. And what rank of military would have been in charge of 408

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that?

A. That was commanded by a Brigadier which, in general

operational terms, is equivalent to Assistant Chief

Constable.

Q. Yes. Presumably, then, on a daily basis you would have 409

been in regular contact with the military? Did that

include the sharing of intelligence between the military

and yourself?

A. On a discretionary basis, but obviously for operational

reasons we were kept abreast of anything they gathered,

anything we geared. We had the security and safety of

numerous officers and the civilians of the public of the

area, so for practical purposes we shared, but not in any

great depth.

Q. What do you mean by the phrase "on a discretionary basis"? 410

A. Well, if I had information, for instance, from a very

delicate informant, there were very few people I would

disclose it to and only on rare occasions, if it was in the

interests of the exigencies of safety and security, would I

directly tell the military. I certainly wouldn't tell them

the source of the information.

Q. And presumably also, as deputy to the ACC border zone, you 411

also had a role in liaising with An Garda Síochána?

A. Absolutely. That was in the raison d'être for my position

there.

Q. Did that involve you crossing the border on a frequent 412

basis?

A. Amazingly frequently. But that was not new because, as a

commander and as head of Special Branch in Newry at one

time an commander in Newry, it was a daily fact of life

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that we crossed the border and we discussed. We had to.

Q. There has been some evidence that has expressed surprise of 413

how frequently Bob Buchanan crossed the border, taking that

information from his diary. Does it come as a surprise to

you that he may have been going south on a weekly basis?

A. Not remotely. I would have expected. That was his job.

To digress slightly, crossing the border was always an

issue but the methodology we used was always very pertinent

to our safety and our security.

Q. I will come on to that methodology in due course and I will 414

come back to the earlier periods of your service but I want

to turn now to the events leading up to the deaths of Chief

Superintendent Breen and Superintendent Buchanan in 1989.

I think you attended a function at Stormont Castle in the

presence of the Secretary of State, Tom King, isn't that

correct.

A. That's correct, it was a supper.

Q. And I think you recall that as having taken place on the 415

evening of Thursday the 15th of March.

A. Yes... Wednesday.

Q. Sorry, Thursday the -- Wednesday, the evening of Wednesday 416

the 15th March, my apologies.

A. Yes.

Q. I am just going to in fact ask Mr. Mills to put on the 417

overhead projector the entry for that day. Can you explain

to the Chairman what occurred at that dinner? First of

all, who was present at the dinner?

A. Harry Breen and myself were present and Harry Breen picked

me up from my home and brought me there. At the table were

two army officers who were operating in south Armagh,

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commanders of the local regiment, local battalion, they

hadn't been in the province terribly long. Tom King,

Secretary of State, was head of the table and he had his

personal assistant there, a male, who did a prodigious

amount of notes during the conversations we had.

Q. And can you remember the conversation that occurred in the 418

course of that dinner?

A. Well, there was general conversation about policing the

border and so on, and at one stage one of the military

officers described how they had observed lots of activity

in the region of a border farm complex which they suspected

was related to terrorism or illegal activities; that was

discussed in great detail.

Q. Can you explain how the dinner came about, who invited you 419

to it or do you recall that?

A. Probably through some of the officials at Stormont by

telephone inviting us to super. It wasn't unusual to

invite -- to be invited, working in the border area, two

senior officials in the Government, to discuss what was

happening, what was.

Q. Was it unusual for, for example a Chief Superintendent for 420

the border area to be there without his superior, the

Assistant Chief Constable or the Chief Constable John

Hermon, to be there at such an event?

A. Absolutely not strange at all. Even as a Superintendent

Commander I attended functions with the Secretary of State,

so it wasn't any way unusual.

Q. And I know from the statement you provided to the Tribunal 421

that at this stage you say that you were acting ACC border

zone?

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A. I was.

Q. Can you explain why that was? 422

A. Well, Mr. Crutchly, the Assistant Chief Constable at the

time, I think was off ill. I think for a period of nine

months I was acting in his stead.

Q. I think that man is now deceased, isn't that correct? 423

A. He is deceased, yes.

Q. Just in relation to the date of this dinner, Sir, are you 424

certain that it was Wednesday the 15th of March?

A. Absolutely certain.

Q. I think what is now on the screen is your diary entry for 425

Thursday the 16th of March. If Mr. Mills just lowers it

slightly, that would be your diary entry. The 15th of

March --

A. I apologise for my handwriting, Sir.

Q. I can hand you a copy. That entry makes no reference to a 426

dinner, am I correct in that?

A. No, but it was the practice on my behalf to maintain in my

journal, which you see before you, basically official

duties connected with the operational end of my task. The

fact that I was on a virtually a social occasion with the

Secretary of State would not have counted in my mind as

duty, so it wasn't recorded as such.

Q. I don't think it is necessary to read that entry, it is 427

quite difficult to read on the screen, but you can confirm

that there is no reference to dinner at Stormont?

A. There is no reference to dinner at Stormont, no.

Q. I am now going to ask -- I am going to hand you an 428

unredacted version of the late Chief Superintendent's

Breen's diary and I am going to ask Mr. Mills to put on the

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screen the redacted version. And this is the late Chief

Superintendent Breen's diary entry for the 6th March, 1989.

And you will see the final reference the final line of that

reads "function at Stormont accompanied by..." and can you

confirm from the unredacted version you have before you

that that identifies you as the person who accompanied him

to that function?

A. Yes, sir.

Q. From this point. So he certainly records that he attended 429

a function at Stormont Castle with you on the 6th March?

A. That's correct, sir, but I didn't attend a function on that

night and it is possible that some officers had a habit of

retrospectively completing their journals and occasionally

they put in the wrong dates and the wrong days, and that is

the only explanation I can offer for that.

Q. Even if that were the case, the latest that Chief 430

Superintendent Breen could have retrospectively completed

that is two weeks later, because he died exactly two weeks

after that. It does seem unlike that, given that

relatively short timeframe, he would be so out on his

dates, would you accept that?

A. I can't answer for that because it is a matter for the late

Chief Superintendent Breen as to how he completed his

journal.

Q. But your recollection is quite clear that it was the 431

Wednesday the 15th that you attended a function with him in

Stormont Castle?

A. Absolutely.

Q. If I ask Mr. Mills now to revert to your own diary entry 432

and I am going to turn, now, to the events of Thursday the

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16th March. I wonder could you read that diary entry for

that day into the record, please?

A. "Thursday 16th March: On duty at Headquarters" that's

Headquarters in Belfast -- "Attended the Assistant Chief

Constable's post et cetera" -- that's correspondence,

general operational duties -- "Attended the Chief Officers

group" -- COG: Chief Officers Group -- that would be with

the senior officers up to probably to Chief Constable or

somebody acting as his deputy. "Travelled to Armagh via

Lisburn and attended meeting with staff from Newry and H

Division" -- 'H' Division was Harry Breen's command -- "re

customs with ACC Rural east" -- that would be Witness No.

18, I think.

Q. That's correct, Witness No. 18? 433

A. "Travelled via Newry and off duty."

Q. So that confirms your attendance at a meeting in Armagh in 434

the presence of Witness No. 18 on the 16th March. Do you

recall approximately what time that meeting took place?

A. I think we gathered at about half past two, the meeting

commenced about three o'clock. I left at five o'clock or

thereabouts. I see 17:00 up there on the journal, five

o'clock I finished, so I left the other people in the

office.

Q. And do you recall who attended that meeting? 435

A. Harry Breen, who organised it, together with myself, Bob

Buchanan, and ACC Rural East attended. The Staff Officer,

Alan Mains, was in the adjacent office and he came in and

out occasionally with papers, which we requested, and

perhaps with a cup of tea.

Q. Do you recall how the meeting was organised or who 436

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initiated it?

A. When Harry Breen drove me back from the Secretary of

State's supper, we sat in the driveway of my house in his

car for about 40 minutes discussing what we had been

directed to do and we made plans there, and the plans

included having the meeting on the 16th March and including

Bob Buchanan in the meeting with myself and Harry Breen.

Q. Why was Bob Buchanan to be included in the meeting? 437

A. Well, Bob was part of the trio of Harry Breen, myself and

himself because, we knew the border intimately over many,

many years and we knew it from many perspectives and, of

course, Bob Buchanan, very rightly, had the liaison role

with An Garda Síochána across the border so he was a very

vital part of the team.

Q. And I noticed you mentioned the arrangements of who would 438

be at the meeting you didn't mention the ACC Rural East,

how did he come to be at the meeting?

A. I presume, and I am only presuming, that he was directed by

the Chief Constable to become involved in the operation

which the Secretary of State had directed at the supper.

Q. Now, we have heard some evidence in relation to this 439

meeting before, Witness 27, and there is some dispute as to

who exactly was in attendance and who was not. I am just

going to put, there are a number of different versions of

who was there and who was not and I am just going to put

them to you briefly.

Witness 18 and his Staff Officer, Witness 6, say, like you,

that Harry Breen was present, neither of them indicate that

you were present. Witness 36 indicates, sorry, Witness 36

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indicates that you were present but indicates that Harry

Breen was not present. Harry Breen's own diary indicates

that he was on leave that day. And I just want to ask you,

are you quite certain that Harry Breen was present at that

meeting?

A. Absolutely and utterly.

Q. Do you recall whether ACC Rural East Staff Officer was 440

present?

A. Not to my recollection, no. And it would not be the normal

course of operational planning at that level that Staff

Officers would take any part in the actual discussions.

They would be briefed afterwards of the general tenure of

the operations but not necessarily even of the details.

Q. Do you recall whether Witness 36 was present? 441

A. With respect, Chairman, I can't see Witness 36 here.

Q. If I might just assist the witness, Chairman? 442

A. Yes, I see that's 18. Oh 36, yes. No, he wasn't there,

Chairman.

Q. Can I just pause at this point to ask you what your and 443

Chief Superintendent Breen's reaction was to the events

that had taken place at the dinner in Stormont Castle and

the operation that was now being organised on foot of that?

A. We were deeply disappointed at the direction of the

Secretary of State, Chairman, and I made it plain that I

wasn't happy with the direction for a couple of reasons.

Harry Breen was equally unhappy about the fact that we were

being directed by a politician, Secretary of State, to

conduct a police operation which both of us thought at the

time was ill-advised, and when we sat outside my house

discussing it, he expressed that a number of times to me,

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that we were both unhappy with the operation. However, at

that meeting we had the official direction from ACC Rural

East, which presumably came from the Chief Constable, and

we proceeded on that basis.

Q. When you say that you both shared the view that the 444

operation was ill-advised. Why was that?

A. At that time it was a very complex situation on the border,

Chairman, and the operation in question related to both

jurisdictions and it is extremely hard, at the best of

times, to mount a coordinated operation with An Garda

Síochána, Customs and ourselves. There was, at that time

in our judgement, no actionable intelligence which would

have warranted, at that particular point, an operation of

this magnitude, and we expressed that view to no avail.

Q. I am sorry, I didn't catch that. 445

A. To no avail.

Q. To no avail. When you use the phrase 'actionable 446

intelligence', what do you mean by that?

A. Well, information and intelligence comes in various forms.

It is sometimes historic, it's sometimes speculation and it

is sometimes rumour and gossip, and to mount an operation

against an individual and his premises on the basis that

something highly illegal is happening, we always strive,

strove, to be very precise in the accuracy and the veracity

of the information before deploying all the resources

necessary or causing the inconvenience to the target

individual. So, at that stage the intelligence, in our

view, did not warrant such a process.

Q. But are you saying that despite that view, because the 447

order had come from the Secretary of State, you had no

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choice but to comply with it?

A. Well, ultimately the order came through ACC Rural East and

presumably from the Chief Constable, so being of

subordinate, ranks, Chairman, we complied.

Q. On that point I am now going to give you the unredacted 448

version of a direction, and I would ask Mr. Mills to put

the redacted version on the overhead. This is a document

which -- with which the parties, I think at this stage,

will be quite familiar. It is the first page of a

two-paged document and I think, as has been indicated to

you, Chairman, before, unfortunately the Tribunal doesn't

have the second page, it has its own note of what it says,

the document did exist but unfortunately the PSNI haven't

been able to supply the second page. But just to go

through the first page of that, Witness 27, this refers to

an attached copy letter from the GOC, that is the senior

army officer?

A. The General Office Commanding.

Q. It talks about a matter being raised recently at the SPM. 449

What is the SPM?

A. Security something Meeting.

Q. Security Policy Meeting? 450

A. Yes.

Q. "The Chief Constable wishes a full report in the matter 451

including the garda view via divisional commander H" --

that is Harry Breen, isn't that correct?

A. Correct.

Q. "Chief Constable would also like to know if our procedures 452

for dealing with similar smuggling cases are adequate and

please treat as urgent." And that's a direction issued by

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S.O. to the Chief Constable, that would be a Staff Officer,

is that correct?

A. A Staff Officer.

Q. And it is issued to Senior ACC Ops and senior ACC(C & E). 453

Senior ACC(C) stands for which?

A. Crime.

Q. And E? 454

A. Special Branch.

Q. Special Branch. And I think that is dated the 15th March, 455

1989?

A. Which, coincidentally, is the evening of the dinner.

Q. Of the dinner. I think this goes in two directions. The 456

first is at the bottom of that page. "ACC(C) forwarded in

the absence of a senior ACC(C & E) on leave." So

effectively the senior Staff Officer to the senior ACC (C &

E) forwarded that onto the Assistant Chief Constable of

Crime, is that correct?

A. Correct.

Q. As I indicated to you, there is a second page of which we 457

have a note, and that is a note from Mr. David Crushley,

Senior ACC Ops, also dated the 15th March, 1989, and he

sends that on to Regional ACC Rural East, that is Witness

No. 18, and indicates "Please comply with points 3 and 4

above. Further report by 24th March, 1989."

Now, given that you are indicating that the Secretary of

State raised this matter at the dinner that evening, that

direction would suggest that the issue was already alive

before that dinner, is that correct?

A. Yes.

Q. Is that your recollection of how that -- 458

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A. I have never seen this document or anything in relation to

it before. But if I could give you my interruption of it.

Q. Yes. Please do. 459

A. The GOC would attend the meeting with the Secretary of

State and the Chief Constable, the SPM. The GOC would

obviously have been briefed by the two military people who

were at the dinner that evening about what they suspected

was happening on the border. And it would be entirely

speculative, the GOC, the military person, is making an

issue which the Chief Constable may well have not been

expecting and maybe taken aback, so he directed a full

report on the thing so that he could be fully briefed. The

Secretary of State then brings that with him to the supper

in the evening in order to proceed along his general

thinking.

Q. So, effectively, your interpretation would be that the two 460

colonels would have already reported this information to

the GOC at an earlier point in time. He raised it at the

SPM and then it is raised again for the second time in

front of the Secretary of State later that day at the

dinner?

A. Reading this very sparse document, Sir, that is my

speculative interpretation knowing how the system works and

how the hierarchy works within both the military and the

police and indeed, how the political machine grinds along

as well. It is purely speculative.

Q. Yes. Thank you very much. Turning back to the meeting in 461

Armagh on the 16th March, can you just outline what was

actually taking place at that meeting?

A. Well, Harry Breen and I had agreed that we would have the

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meeting to plan the way forward and that way forward

included the cooperation and planning with An Garda

Síochána as to the methodology we would use to mount an

operation. Also, we had the aerial photographs and the

maps and all the general stuff that we do have in planning

an operation, and we discussed those as well. We were

fully conversant on a day-to-day basis with the topography

of the scene of this particular premises, these premises,

so we were well briefed on that already. But basically the

thing was to get the joint operation moving to organise the

meeting with An Garda Síochána and to go down that road.

Q. And it was your understanding that a face-to-face meeting 462

with An Garda Síochána was an integral part of that

process?

A. Absolutely necessary, sir, absolutely necessary.

Q. It has been suggested to the Tribunal by Witness No. 18 in 463

evidence that at that meeting he gave a direction to Chief

Superintendent Breen not to travel south across the border,

that it wasn't necessary to travel south to meet An Garda

Síochána on foot of this request. Do you recall such a

direction being given?

A. Wholly inaccurate, sir. No such order in my presence was

given and I have to say no such order could have been

given, given the role that I was detailed by Headquarters,

it couldn't have been given.

Q. Can you just elaborate on that, it couldn't have been 464

given?

A. Well, my role --

Q. Why not? 465

A. -- and the role of Harry Breen, the role of Bob Buchanan

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essentially and absolutely included dealing with An Garda

Síochána, whether that was physically face-to-face or by

telephone or by writing. Telephone discussion of an

operation such as this was wholly out of question.

Obviously writing was out of the question because of the

urgency, and it was totally necessary to meet face-to-face.

That was our role every day of the week. If necessary,

cross the border, if necessary meet the Garda Siochana

face-to-face. So, nowhere in my history on the border of

many, many years did I ever see a direction contrary to

that philosophy.

Q. Was there a discussion at the meeting as to how the meeting 466

in Dundalk would be arranged or who was to arrange it?

A. Well, it was left -- Harry Breen was the commander of 'H'

Division, the board division, and essentially he had the

role of dealing directly with An Garda Síochána

operationally, and it was his. It was left to Harry to go

ahead because he knew the Chief Superintendent on a

personal basis in Dundalk, as I did as well, but it was no

big issue to -- many meetings were arranged on this basis.

Q. And at the meeting on the 16th, was there a discussion of 467

when the meeting with Chief Superintendent Nolan would take

place?

A. It was discussed and it couldn't have possibly taken place

on the Friday because it was St. Patrick's Day, so it was

left to Harry whether it was done over the weekend or we

agreed that the meeting should take place as early as

possible, which was the Monday, but...

Q. So when you left the meeting it was your understanding 468

that?

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A. Harry Breen would make arrangements with the Chief

Superintendent in Dundalk.

Q. For a meeting to take place on Monday? 469

A. Yes.

Q. Were you yourself on leave on St. Patrick's Day? 470

A. I was, I was off.

Q. And did you have any discussions with Harry Breen between 471

the meeting of the 16th March and Monday morning the 20th

March?

A. No, not that I can recall. We very often did speak and it

wasn't a memorable occasion if we did speak on a Saturday

or Sunday so, I have no recollection of speaking to him

over the weekend.

Q. Can we now turn to Monday the 20th March. I will ask Mr. 472

Mills just to turn to your diary entry which is just on the

second page of the diary entries that I have given him, and

to put your entry for that day on the projector. Perhaps

you could read that entry into the record, Witness 27? Do

you have your own copy which might be --

A. Would you like me to read it?

Q. I would like you to read the entry for that day, yes. 473

A. "Monday, 20th March, on duty at Headquarters" -- that is

Belfast -- "Attended routine matters. Travelled to Armagh

and spoke with Chief Superintendent Breen re customs

matter. Attended Brigade Conference" -- that is with the

military -- "Attended routine duties. Attended matters re

the murder of Mr. Breen and Mr. Buchanan. Spoke with

Newry, Armagh and Headquarters in respect of same. On

duty. Travelled to Newry. Spoke with Superintendent there

regarding the murders. Returned via Banbridge and spoke

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with Mrs. Breen and her son David. Released at 23:00

hours."

Q. Thank you. It has been brought to my attention there is 474

some feedback and possibly it is because your microphone is

facing the speaker so we are going to turn it slightly

around. You may have to lean slightly in to it, if that is

still manageable?

A. It is my accent, Chairman. Perhaps I should spell the big

words.

CHAIRMAN: We are used to that accent.

Q. MR. VALENTINE: Thank you very much, Witness 27. That 475

diary entry records that you spoke with Chief

Superintendent Breen on the morning of Monday 20th March.

Do you recall that conversation?

A. At approximately 9:25 he rang me to appraise me of the

arrangements for meeting with An Garda Síochána that day

and we were to meet at Newry and travel together from Newry

to Dundalk. Two minutes later the brigade major, who is

basically the personal assistant to the Bridageer, came

into my office and asked me, they were re-scheduling the

Brigade Conference from Friday of that week to Monday the

20th and as I was Acting Assistant Chief Constable he

required my attendance. I rang Harry Breen back another

two minutes later and I told him I had to attend the

Brigade Conference and we agreed that if I couldn't reach

Newry by whatever, a quarter to twelve or a quarter to one,

I forget which, that they would go on without me. My

meeting with the Brigade Conference went on to twenty past

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one and obviously Harry Breen and Bob Buchanan had left

without me.

Q. Was the Brigade Conference a regular meeting? 476

A. It was a monthly meeting and it was always held on a

Friday.

Q. Do you know why it was re-scheduled on that day? 477

A. I can't really account for that. Probably an operational

issue to do with the military.

Q. What was the Brigade Conference? What kind of matters did 478

it deal with?

A. Well, the Brigade Conference at that stage reviewed all the

previous month's activities in the border zone, addressed

problematic areas and planned for the coming month

strategically and tactically I suppose.

Q. When you spoke to Chief Superintendent Breen on the 479

morning, was there any reference to anyone else travelling

with you when you had the first conversation when you were

still intended to go, was there any discussion of any other

person other than Chief Superintendent Breen and

Superintendent Buchanan and yourself travelling?

A. Chairman, from the outset of this entire operation from the

supper, there was never any question that anybody other

than Bob Buchanan, Harry Breen and myself would attend the

meeting in Dundalk, never.

Q. The Chairman has heard evidence from Chief Superintendent 480

Breen's Staff Officer, Alan Mains, that Chief

Superintendent Breen requested him to accompany him to

Dundalk that day, do you have any recollection of that?

A. Absolutely inconceivable. This was a meeting of the chief

officers in the border area, both RUC and An Garda

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Síochána, and at that level a Staff Officer would not be

included. Not today, not yesterday and not tomorrow.

Q. Is it conceivable that when you could no longer go, Chief 481

Superintendent Breen said well, you know, there is just the

two of us, maybe we should bring his Staff Officer just to

have an extra body with him, so to speak?

A. Under no circumstances, and the fact that there were only

two instead of three was probably taking -- it was

probably, security wise, better to have two officers in the

car than three.

Q. Why was that? 482

A. Well, the more people in the car the more targets there are

for terrorists.

Q. In a report completed by the RUC immediately after, I think 483

the day after the killings, reference is made to the

subdivisional commander in Newry being requested to

accompany them and being unable to do so. I think they had

a discussion with him when they were at Newry station which

is where Mr. Breen and Mr. Buchanan met. Did you know

anything about that?

A. The commander of Newry?

Q. The FDC in Newry, yeah. 484

A. Well it is quite possible, I wasn't privy to that

conversation, but it is quite possible because he would

have had a very active part in it, it is within his

command, the scene of the intended operation was under his

command so it is quite possible that they had invited him

or asked him to go. He hadn't been that long in that post

to my recollection.

Q. So you attended the Brigade Conference. Do you recall then 485

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how you came to know of the deaths of Chief Superintendent

Breen and Superintendent Buchanan?

A. Yes, in the afternoon I was at my desk having a sandwich

and the telex machine in my office rattled away notifying

that there were two dead bodies at the border, and as a

sign of the times I imagined that the IRA had executed two

of their own people, that's the way things worked down

there, but when the number of the car came in I immediately

recognised it as Bob Buchanan's and I realised what had

happened then.

Q. And what did you do then after that? You can refresh your 486

memory from the diary entry which has already --

A. I don't need a diary. I notified all the people necessary

and the first phone call I had was from the Northern

Ireland office to ask what those men --

Q. Take your time, Witness 27, please. 487

A. Asking what the men were doing down there on their own, and

I couldn't repeat my answer in the Tribunal.

Q. I think the Chairman understands your intention by that. 488

A. However, I did -- I addressed all the operational issues

and the procedural matters in relation to and to the

families and... Sorry...

CHAIRMAN: Take your time.

Q. MR. VALENTINE: Thank you, Witness 27. I think then, I 489

just want to ask you at any stage did you meet the Chief

Constable over that day or the following day?

A. I didn't speak directly to the Chief Constable but

obviously I had briefed all the senior people on the upper

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command that needed to be briefed. I didn't speak directly

to Sir John Hermon.

Q. And I think it was the case that you took over for a 490

temporary period, effectively, the function of Chief

Superintendent Breen as head of 'H' Division, is that

correct?

A. I did, yeah, and I also attended to the tasks of Bob

Buchanan.

Q. I think you also, in your statement to the Tribunal, 491

confirm that you attended to the lockers of the two

officers?

A. I did. I secured the office and I cleared their lockers

and secured their weapons and...

Q. The weapons, were both gentlemen's weapons were in the 492

lockers?

A. Bob Buchanan's weapon was in its original packing, it had

never been taken from its original packing when it was

issued years before, and Harry Breen's was in his locker in

a secured state.

Q. That was consistent with officers travelling south of the 493

border would not carry weapons?

A. Entirely. But it was also indicative that Bob Buchanan

never carried his weapon because he was a man of great

pacifying, peaceful outlook on life.

Q. Do you mean in both the north and the south? 494

A. Anywhere.

Q. Anywhere. I want to turn then, this is a matter that you 495

raise in your statement and it is information that the late

Detective Chief Superintendent Murray of Special Branch

gave to you subsequent to the killings. Could you just

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elaborate on that for the Chairman, please?

A. He indicated, Sir, that there had been quite a noticeable

trafficking of, air trafficking of radio signals that were

known to belong to illegals, terrorists.

Q. Did he indicate when that had been picked up? 496

A. In the early afternoon of the day of the murders. Around

lunchtime and onwards.

Q. And as far as you were concerned, does that suggest 497

anything to you about how the operation was planned?

A. Well, there were obviously people on the ground,

terrorists, actively involved in organising something or

communicating with each other, that could have been about

anything, it could have been about smuggling, it is just

the fact that they were operational on the ground. It

could have been planning an ambush, I don't know.

Q. So it may or may not necessarily have related to the 498

subsequent -- to the events later that evening?

A. It is absolutely impossible to be definitive about what the

transmissions because it was only technical noises, there

were no conversations overheard or anything, to my

knowledge.

Q. Do you have a view, Witness 27, as to how long it would 499

take the active service units of the IRA to mount such an a

ambush?

A. I have a very good idea. I worked on the border many

years. I had plenty of contacts within terrorist

organisations or their kindred organisations, and it would

not have taken anymore than half an hour to mount an

operation because they had several active service units in

the area and the orders to shoot or kill by whatever means

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any senior RUC officer, I think those orders would have

been permanently extant because of the high value of the

targets to the IRA. So, a matter of a few phone calls or a

few coded messages they could have mobilised active service

units within no more than half an hour. And I know there

have been contrary opinions to that, but having served

there at the coal face with terrorism, that's my opinion.

Q. When you say the orders were extant, am I correct in 500

interpreting you to mean that it wouldn't have been

necessary for the local active service unit to get

clearance for such an operation as this, because senior RUC

men were considered legitimate targets and therefore it

wasn't necessary to get clearance for an ambush on such

individuals?

A. Absolutely, Chairman. They would not have to seek the

permission of their senior command to carry out the

operation because of the nature of the targets.

Q. Do you have a view whether they would have to identify the 501

officers who they are targeting by name or would it be

sufficient that they identify the car as one of which they

knew RUC officers to be travelling?

A. Absolutely certain that with only the car, with only the

colour of the car and the make of it, even with false

plates on it, it is still the same car, they could identify

it and would attack it.

Q. Yes. Do you recall did you receive any information in the 502

wake of the murders as to how it was mounted, as to the

numbers of IRA men involved?

A. Well, I was given from a credible witness, anonymously

obviously, the fact that there may have been up to 32

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people involved and I think I learned from forensic,

correct me, that one of the weapons killed 17 other people.

Q. I think that weapon was linked, I think, possibly to the 503

Silverbridge killings? I might be subject to correction on

that. When you say that you learnt from a credible

witness, how was that transmitted to you?

A. Verbally.

Q. Verbally. Do you have a view as to whether or not the IRA 504

were likely to maintain active service units in place

continuously over a period in order to carry an ambush such

as this out?

A. Not specifically, but they were able to mobilise active

service units very, very promptly but they certainly

wouldn't, for instance, keep a 24-hour team on a road

waiting for a suspect car to come along.

Q. Can I just turn to deal with the procedures adopted by you 505

and other officers who were travelling south of the border.

Did you have a general practice in terms of routes?

A. There were many practices and many individuals used their

own methodology. Certainly if we went down one road we

generally would come back another road. On the other hand,

in my case, I very often took strange vehicles unknown in

the border area, unknown to me unconnnectable to me, and in

those cases I might drive down the main road and drive back

the main road simply because I was in a totally anonymous

vehicle, but different people had different methodologies

and there was no concrete method for it.

Q. How did you access those vehicles which you just referred? 506

A. Well, that is highly sensitive and I wouldn't like to

declare in this Tribunal how I did it.

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Q. Very good. Was there a pool of vehicles? 507

A. No, there was no pool of vehicles. The Police Service

didn't provide us with any vehicles suitable for the job.

We used our private vehicles for general duties, but

because of the risk and the severe risk of crossing the

border, very often in unfavourable terms, I had a practice

of acquiring other vehicles.

Q. But had Superintendent Buchanan wished to avail of a 508

different vehicle to travel south in carrying out his

function as Border Superintendent, are you saying that

there wouldn't really be such vehicles available to him?

A. No, there wouldn't. He relied on his own vehicle, as did

Harry Breen. But I should point out, Chairman, that I

spent quite a while on the border in a detective role and I

had a different approach to crossing the border than a lot

of people, so it is of no fault of the other officers that

they were restricted to one car.

Q. Very good. If I turn just to the events in the weeks, 509

first of all, in fact, the day of the killings of Chief

Superintendent Breen and Superintendent Buchanan. I

believe you are aware that a diary of Chief Superintendent

Breen's was in the car and was taken from the car?

A. A diary?

Q. Chief Superintendent's Breen's diary with a number of phone 510

numbers in it?

A. Oh, his little personal diary. All Superintendents got it

from the Association. Just a little fine diary, it was in

his inside pocket, that's where he carried it, and when he

was murdered they searched his body, I think, and they

removed the diary.

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Q. And did anything impact arising from that event? Was there 511

any impact on you?

A. That evening, the evening of the murder, I had five very

suspicious phone calls where the caller said "who is that?"

Obviously I didn't answer and within 24 hours -- my phone

was ex-directory anyway -- within 24 hours I had the number

changed and within another 24 hours the terrorists had

acquired my new number, my home address and the address of

my new car, sorry the registration of number of my new car.

And three weeks after that they -- excuse me -- they came

to bomb my house again.

Q. And think it was at that point, then, that you were -- 512

A. Well, that was the sixth attempt on my life, sir, and the

authorities at that stage decided that they couldn't offer

any more protection.

Q. Yes. I think at that point you moved to England, isn't 513

that correct?

A. Shortly afterwards. Temporarily. 20 years ago.

Q. And just for the sake of clarity, your address was not 514

contained, to the best of your knowledge, your address was

not contained in Chief Superintendent's Breen's diary?

A. My name wouldn't have even been in the diary. It was just

a number with no identification, presumably, beside it.

Not my name, not my address, that's the way we worked, you

know.

Q. It's your understanding that solely with access to your ex 515

directory telephone number, on the basis of that the

Provisional IRA were able to establish who you were?

A. Precisely.

Q. Where you lived? 516

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A. Yeah.

Q. And what your car registration was? 517

A. Exactly. They had a very efficient intelligence capacity,

capability.

Q. Witness 27, I just want to turn back the clock a little, 518

having dealt with the events of March 1989, to periods of

your early service commencing with the period of your

service as Detective Chief Inspector Special Branch in

Newry, and that is in 1980 and 1981, is that correct?

A. That's correct.

Q. And in that capacity did you have dealings with An Garda 519

Síochána?

A. I did.

Q. Did you -- 520

A. Very regular dealings.

Q. Did those regular dealings involve you travelling south of 521

the border?

A. Frequently.

Q. And during that period did you have any concern about 522

Dundalk Garda Station?

A. None, none whatever.

Q. From a security prospective? 523

A. None whatever, other than it was on the wrong side of the

border for me, as an RUC officer, as soon as I crossed the

front line, the frontier, it was dangerous territory. But

apart from specifically in respect of the Garda Station I

had no concerns whatever. I didn't obviously frequent it

everyday of the week and I certainly --

Q. Obviously this period was before the Anglo-Irish Agreement 524

of 1985 which put cross-border security cooperation on a

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more structured and regular footing?

A. Yes.

Q. To what extent in 1980, 1981 was it the norm to share 525

information between the two police forces?

A. When I went to Newry in 1980 there was virtually no

cooperation, no dialogue with the crime branch of An Garda

Síochána in Dundalk and for the first three months I made a

number of attempts to make contact, and I had to take some

action to alleviate that situation.

Q. And what action did you take? 526

A. I drove to Dundalk Garda Station and I asked to see the

Detective Sergeant in charge, and I should say before, that

I consulted one of my predecessors in Newry as a detective,

he is deceased, Brian Fitzsimons, who became head of

Special Branch, and he agreed that this was the right

approach and he certainly supported me in doing it. I

spoke with the Detective Sergeant and slowly but surely

developed a form of cooperation and exchange of

information.

Q. Was that Detective Sergeant Owen Corrigan? 527

A. It was, Sir.

Q. And was he amenable to your proposal of developing some 528

cooperation?

A. I think he regarded me with some suspicion initially but

gradually we came to some sort of a working arrangement,

and that was fine. And of course each meeting I had with

the Sergeant, or any other garda, or anybody, it is

recorded in my journal, it was inspected by my supervising

officers and signed off. So, on no occasion did I ever

meet anybody and it's not recorded and sanctioned by my

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senior authorities.

Q. So you were the head of Special Branch in Newry and more 529

senior people in Special Branch were aware that you were

having contact with Detective Sergeant Owen Corrigan, and

at no point did anyone raise any concern in relation to

that at that stage?

A. None whatever. And they knew of every contact, and in fact

they knew when I submitted reports concerning operational

issues, that it was coming from a Garda Siochana in

Dundalk.

Q. Did you feel that you had a fruitful exchange of 530

information with Detective Sergeant Corrigan?

A. It was never particularly dramatic but it was functional,

it was practical, and it solved some of my problems, not

them all.

Q. I note that in the statement you provided the Tribunal, you 531

did say, you did treat Sergeant Corrigan with a degree of

circumspection. Can you explain that, please?

A. I can certainly explain that, sir, because in my past

experiences, and I have already described six attempts on

my life and numerous other things, I treated practically

most people with circumspection, so it wasn't anything

unusual and certainly members of other police forces were

treated, because we had a quite unique situation in the

RUC. In Special Branch we had an even more unique

situation because we were dealing with people who were

speaking to us whose lives were at risk, so we had to be

circumspect.

Q. And I believe that there is one particular incident 532

involving Sergeant Corrigan which you recall, and in that

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regard you have supplied your diary entry for the day in

question and I would ask Mr. Mills to put up your diary

entry, the third page of your diary entry, which is a diary

entry for the 27th April, 1981. Do you have a copy of that

in front of you, Witness 27?

A. Yes.

Q. In fact I might just perhaps ask you to supply the colour 533

copy to Mr. Mills, if you'd be happy to read off the black

and white copy it might be easier for the other parties and

the members of the public to read from the coloured copy.

A. Do you want me to read?

Q. Yes, I don't think it is necessary to read from the 534

absolute beginning. If you could read the references to

your dealings south of the border?

A. "Travelled to Dundalk and met with Garda source. Made

arrangements with a source" -- that was another source,

that was a civilian source, the second one -- "returned to

Newry and attended supervision duties, obtained necessary

papers for operations" -- not related to Dundalk or

anything-- "returned to Dundalk and met with the Garda

source" -- which was Owen Corrigan -- "out in the area to

meet the person" -- who was actually an informant who I was

introducing to Corrigan who lived in Dundalk outside my

jurisdiction, and for me it was very dangerous obviously to

go to Dundalk to meet him on my own. So we went off to

meet this informant, source, whatever. But we appeared to

be compromised by three vehicles which Corrigan recognised

as we drove to the rendezvous point he said "this is a

trap. Get out of here." So he escorted me to the border

at a rapid space and I drove to Newry, and by that time it

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was midnight, 24:00.

Q. So just to be clear, the first source, when you say you 535

went earlier in the day to meet your Garda source, that was

Detective Sergeant Corrigan whom you are referring to

there?

A. Yes.

Q. And you then went and met another source, and that was a 536

source that you had in Dundalk?

A. Yeah.

Q. Is that a source that you had met on previous occasions? 537

A. Yes. He was highly connected to the Republican Movement.

Q. Had Detective Sergeant Corrigan been with you on the 538

previous occasions when you met that source?

A. I had introduced him twice before. And the source had

agreed to co-operate in working with both of us.

Q. Is it fair to say that if you had any doubts whatsoever 539

about Detective Sergeant Corrigan, you would not have

introduced him to a source of yours?

A. I certainly wouldn't. Or anybody else for that matter,

Sir.

Q. And when you say Sergeant Corrigan then became concerned 540

about cars that were in the vicinity of the meeting

point --

A. Yes.

Q. -- that you had arranged with your source? 541

A. I was concentrating on the car that I was to rendezvous

with but he spotted two other cars in the vicinity which he

recognised as belonging to subversives.

Q. And he identified the risk and escorted you in his car, is 542

that correct, to the border?

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A. We changed -- we were in my car, he grabbed his car from

the station and we drove to the border, he followed me to

the border and I presume he may have been armed.

Q. And he assisted you in getting away from a potentially 543

dangerous situation on that occasion?

A. Absolutely.

Q. Subsequently I think you were moved, in 1981, to Belfast 544

and you served in Special Branch in Headquarters between

'81 and '84, is that correct?

A. That's correct, Chairman.

Q. And during that period did you have occasion to organise or 545

be involved in the organisation of cross-border operations?

A. On a daily basis, Sir.

Q. And were those cross-border operations organised between 546

yourselves and local police such as the Garda Siochana in

Dundalk or were they organised between, effectively,

Special Branch, Knock Road, and Crime and Security, Phoenix

Park?

A. That's the exact route, directly one Headquarters to the

other, Sir, almost to the total exclusion of local police

stations north and south of the border. They were excluded

from the operation insofar as it was practical.

Q. Why was that? 547

A. For the ultimate security of the operation because it was

highly sensitive. They were highly sensitive.

Q. So it was generally because of the sensitive nature and the 548

degree to keep things very tight. Was there any particular

concern about any particular local police --

A. None whatever.

Q. -- south of the border? 549

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A. None whatever. It was standard practice because of the

nature of the operations and the high sensitivity of them,

it was confined to both headquarters and the people who

operated between, it didn't go outside the units.

Q. During the period of the 1980s, after you left as head of 550

Special Branch in Newry in 1981, did you remain in contact

with Detective Sergeant Corrigan?

A. Probably on a very limited basis. I can't -- I have no

record of it whatever that I can recall.

Q. When you returned to Newry as the uniform commander in 551

Newry in 1988, did your contact with him renew in any

sense?

A. It certainly did because I returned to command Newry in the

aftermath of the judge and his wife and at a period when 22

police officers had been murdered in 21 months and it

required some very serious operational activities on our

behalf and I did seek, obviously, the assistance of the

senior command in Dundalk, Chief Super and indeed Mr.

Corrigan, and it was a useful interaction I have to say,

because during my command nobody was killed, which is a

terrible way to judge how the place is being run, but

anyway...

Q. I think in your journal it records that you met Detective 552

Sergeant Corrigan on the 28th February, 1989, is that

correct?

A. That's correct. It is recorded in my journal.

Q. Perhaps Mr. Mills might just bring us to that. It is the 553

final page of the journal entries. And that I think

confirms...

A. Yes.

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Q. Could you just read that into the record, the relevant 554

portion of that entry?

A. "On duty at Headquarters. Attended paperwork" -- etc,

courts or something -- "with the Assistant Chief Constable.

Travelled to Armagh, attended general duties, had meeting

with Assistant Chief Constable border zone and 3 Brigade

(Military) re the preparation of a joint report. Travelled

to Newry, then Dundalk, met Detective Sergeant Corrigan.

Returned to Newry and off duty." That was also witnessed

and sanctioned by my senior officer.

Q. Did you have a discussion with any of your colleagues in 555

relation to Detective Sergeant Corrigan after that meeting?

A. For some reason a detective, a close friend of mine,

Detective Chief Superintendent Frank Murray in Armagh rang

me about other issues and he said, "Oh, by the way, are you

still in touch with Owen Corrigan?" I said, "Yes I am."

He said, "Well, do you think at your level you need to

remain in contact?" I said, "Well... whatever." And that

was the end of conversation.

Q. Do you think he knew that you had recently met Detective 556

Sergeant Corrigan or was that a coincidence?

A. I don't have any reason why he should have known but, on

the other hand, I have no idea why he asked the question at

that particular point. I should point out, Chairman, that

after my meeting my journal was signed and witnessed by an

Assistant Chief Constable and certified as a true, accurate

reflection of my duty.

Q. Did Chief Superintendent Murray -- he is now deceased? 557

A. Yes.

Q. Di he express any -- did he express any concern about your 558

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contact with Corrigan?

A. He didn't elaborate on the fact of the question that he put

to me, he didn't expand it and he didn't respond to my...

Q. Did you consider it to be a unusual comment on his part? 559

A. Well probably not, because I go back to this hierarchical

thing, at that time was I Acting Assistant Chief Constable?

Whatever, I forget.

Q. You were acting ACC of border zone, yeah.560

A. Well it would be unusual to have direct contact with a

Sergeant really, and that is not being in any way being

supercilious about my rank or anything, it is just normally

we have so much to do at our own level that...

Q. The Chairman has heard evidence from a retired 561

Superintendent, Tom Curran from Monaghan, I don't know, are

you familiar with?

A. I am familiar and I attended many meetings with him in

Monaghan and I know him personally.

Q. Detective Superintendent Curran indicated that he had been 562

approached by Superintendent Buchanan and was asked to

speak with his superiors in Phoenix Park, that

Superintendent Buchanan expressed concern. Do you know of

any reason why Superintendent Buchanan would have made such

an approach?

A. I don't know any reason, and Bob Buchanan and I were

extremely close colleagues. He certainly never mentioned

to me, but rumour abounded in the border area on both sides

about Detective Sergeant Corrigan. But I should say,

Chairman, I have served in Ireland with the police, I have

served in England with the police, I have been attached to

many police forces in England, in Germany, in Belgium, in

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France I have been attached to police forces, I have

trained police officers from around the world, senior

officers, and the most salient point about each police

force is the rumour mongers and the rumour mill that

abounds and it was no less than in the RUC and no less in

An Garda Síochána. So Bob had heard the rumours, and Bob

was the most straight man I ever met in my life, honest.

If he had heard the rumours, he certainly would have felt

the duty to confide with Tom Curran, with whom he was quite

close, but the substance of the rumours or the source of

his information I am not in a position to witness here

today.

Q. In all your time on the border did you receive any 563

intelligence or any information that gave you cause for

concern about the security of Dundalk Garda Station?

A. From time to time I heard rumours, but I heard many

rumours, and fortunately for this country and our for

country you cannot convict people on rumours, so I didn't

give any credence to rumours. If they couldn't be

substantiated, if there was no verifiable support, I just

discarded them because life is too short to listen to

those.

Q. Yes. Just in relation to the incident in April '81, 1981, 564

once you were escorted back to the border, did you ever see

that source again? I am not referring to Detective

Sergeant Corrigan, but the source that you had in Dundalk,

did you see that source again after that incident?

A. No, my life was too precious. I didn't. I didn't even

attempt to. I just gave it up as a lost cause, really.

Q. Just in relation to the arrangements again for travelling 565

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south, it had been suggested by Mr. Mains that Bob Buchanan

was only drafted in at the last minute and he was

originally not supposed to go south of the border on that

occasion. Does that --

A. Utterly, utterly inaccurate. There was never any question

of anybody attending the meeting apart from Bob Buchanan,

Harry Breen and myself. And as I said earlier, there are

no circumstances where we would have invited a Staff

Officer, a junior Staff Officer to such a high level

meeting, and I also mentioned the question of numbers as

well. He would have been an additional number and an

additional target and that is at a very basic level.

MR. VALENTINE: Thank you very much, Witness 27, thank you.

CHAIRMAN: First of all, I should have said this before

when I ask for questions, automatically I see the first

person who rises, that I hope I am not giving undue

preference to anybody. So please, Mr. O'Callaghan, if you

feel yourself ignored, you will...

MR. O'CALLAGHAN: I always defer to Mr. Durack and

Mr. McGuinness because of their seniority.

CHAIRMAN: Well it is their wit that makes them so

noticeable.

MR. O'CALLAGHAN: I haven't reached their wit yet.

CHAIRMAN: I apologise if I appear to --

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MR. O'CALLAGHAN: It is hard to get past them.

CHAIRMAN: Who wants to ask a question of this witness?

MR. VALENTINE: I understand the witness would like a

break.

CHAIRMAN: The witness would like a short break so I will

rise just for a few minutes.

THE TRIBUNAL ADJOURNED BRIEFLY AND RESUMED AS FOLLOWS:

THE WITNESS WAS CROSS-EXAMINED BY MR. McGUINNESS AS

FOLLOWS:

CHAIRMAN: Now, ladies and gentlemen, we can resume.

Mr. Durack or Mr. McGuinness, which?

MR. McGUINNESS: I just have a few questions, Chairman.

CHAIRMAN: Of course.

Q. MR. McGUINNESS: Witness 27, my name is Diarmuid McGuinness 566

and I appear for An Garda Síochána.

A. Could you speak up a little bit?

Q. My name a Diarmuid McGuinness and I appear for An Garda 567

Síochána.

A. Yes.

Q. Can I just clarify a couple of matters about the various 568

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meetings from the 16th March onwards?

A. Yes.

Q. As I understand it, it was always the intention, following 569

the meeting of the 16th March, that yourself, Chief

Superintendent Breen and Superintendent Buchanan were the

only three that would go across the border?

A. Correct.

Q. As I understand it, you never heard any order given to 570

either of the men that they should not go across?

A. None at all.

Q. Did you hear any assurance sought or extracted from either 571

of the two Superintendents that they would not cross?

A. No. None at all.

Q. Was it expected of them that they would cross with you to 572

liaise with the Gardaí?

A. It was an integral part of their role and their command to

cross the border as and when required.

Q. Yes. 573

A. And nothing to the contrary was ever given to them, in my

knowledge, or to me.

Q. Yes. You have described your own practice in relation to 574

vehicles crossing and recrossing the border, but was there

any question ever of contacting the Gardaí and asking them

to conduct a risk assessment about any visit that you or

your other officers might make?

A. No, that was never the practice. I don't think it was even

in the vernacular at that time, risk assessment.

Q. Was it the established practice that whatever arrangements 575

for travel were to be put in place would be made and

decided by the officers who were travelling themselves?

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A. Yes.

Q. And was it the practice or not for those officers to inform 576

either a superior authority or someone in their office how

they were going to go across the border?

A. Normally it would be practice just to say I am having a

meeting with An Garda Síochána, the route would not have

been discussed, perhaps the rough timings may have been

discussed but certainly the route was a matter which was

decided by the officers themselves and it wasn't shared

initially. Sorry, Sir, it was up to each individual

officer to determine his methodology for traversing the

border.

Q. But do I understand correctly there was no requirement or 577

no practice for the officers to log or inform anyone of

their intended route there or back?

A. No, none whatever.

Q. Or would it be practice or a requirement to say when they 578

might be expected back?

A. Not specifically, no.

Q. Yes. They might decide to do that themselves, of course? 579

A. Yeah, that is entirely an individual decision.

Q. Yes. Now, there is some evidence which suggests the 580

Edenappa Road was out of bounds for some period of the day

of the 20th March. Were you aware of that at the time?

A. No, I wasn't aware actually.

Q. So, accordingly, but for your cancellation of your 581

participation in the trip you hadn't been informed at all,

or had you, that the Edenappa Road was out of bounds for

some portion of the day?

A. No, and the normal procedure is that it would be

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promulgated by telex that any specific road would be out of

bounds and, as a matter of course, it would have come to my

desk, and I received no such notification on that day that

I can recall.

Q. Can I just ask you about this: What way ought Chief 582

Superintendent Breen or Superintendent Buchanan have been

notified of that in the normal course?

A. Normally they would have received, their Control Room would

have received the same telex and it was the responsibility

of the Control Room to brief the entire station, all

personnel that road A, B, or C was out of bounds.

Q. Would they do that verbally, distributing the order?583

A. They would give it verbally and they would go to the

briefing of patrols. Patrols were usually briefed before

they went out on duty and they would go down the list of

duties to deal with and an out of bounds road would be

delivered to the officers in that respect. Certainly, it

would be obviously normal for the Control Room to go to the

Chief Superintendent and say "by the way, if you are

travelling, here is the route which is out of bounds."

Q. Yes. And obviously it is not possible to predict when a 584

road or an area might become back in bounds, but how would

notification of such occur, to your knowledge and practice?

A. Well, the secondary telex would say in respect to telex of

this date road, A, B, C, which was put out of bounds at

10a.m. is now, the out of bounds has now about withdrawn,

in other words you can traverse the road if you wish.

Q. Yes. And if an officer crossing the border had become 585

aware that an area was out of bounds, was there any means

by which they could learn or be told that it had come back

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into bounds?

A. No, because we existed, in those days, of an era of no

mobile telephones and certainly in our private cars we had

no radio communications either and there was no method

unless they were at a fixed point where somebody could ring

them by a land-line.

Q. Yes. Now, we have heard some evidence from at least one 586

witness that there was helicopters in sight as the witness

was proceeding towards the scene of the murder very shortly

afterwards. Were you aware of any helicopter activity in

and around that time, circa four o'clock, five past four?

A. Well, the initial response to a report of two bodies lying

on a border road would be the dispatching of helicopters.

Obviously you wouldn't drive to the scene because it could

be a setup for somebody else. Obviously you would dispatch

a helicopter to monitor the situation and to report back to

base so that a practical response to the incident could be

planned and put into action.

Q. Yes. I note from your evidence, and your Statement of 587

Evidence in particular, that you were informed by twenty

past four not merely of the fact that they were dead on the

road but that the car and the car registration had been

identified?

A. Yeah, absolutely.

Q. Do you know what means were done to do that? 588

A. Well, the first people at the scene, indeed the helicopter

would have sight of the car at the scene, but I think the

witnesses may have, when they telephoned the police, may

have given the car number. That is not unusual. It is

usually the first thing that a police officer taking the

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call would ask: "Could you describe the vehicle, please?"

"Yeah, KIB 1205, a red Vauxhall Vectra," no problem.

Q. I think you say in your statement that the IRA frequently 589

mounted illegal check-points in the area?

A. No, I don't think I said that. But they did. It is a

fact.

Q. Yes. I am just reading from your statement. You are 590

saying "Although they did frequently mount illegal

check-points in the area it is most unlikely that PIRA

would have mobilised for an entire week before the murders

on the chance that the officers would have come along."

A. That's correct.

Q. In terms of your knowledge of the IRA capacity and their 591

intelligence systems, I think during the period when you

worked in Belfast in Special Branch, you were there for

four years, is that right?

A. Three.

Q. Three. You were in charge of the E4 Surveillance Unit, is 592

that right?

A. Operationally, that's correct, yes.

Q. And you no doubt would have had perhaps a unique insight 593

into surveillance and counter-surveillance and how the IRA

acquired their information, would that fair to say in a

general way?

A. Generally fair, that's correct.

Q. And have you any doubt but that the IRA knew exactly who 594

Chief Superintendent Breen was well before the date of the

murder?

A. I would have presumed, and still presume, that they knew

all our identities and to the best of their ability they

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would have known the vehicles we used as well. That was

part of their -- they had quite an effective intelligence

capability.

Q. And you would be able to happily agree that the IRA would 595

have their own deadly interest in acquiring that

information, the names and identities of Superintendents,

particularly around the border, the cars that they

travelled in?

A. Absolutely. A primary aim of the IRA, and kindred

organisations I might add.

Q. And would you have any doubt but that the IRA were capable 596

of and probably had Superintendent Buchanan under

surveillance for some time?

A. Certainly his vehicle, and I have no doubt that they

probably were aware of, because they just have to stand

outside Newry police station and watch us going in and out,

or Armagh police station and they connect the vehicle to

the individual, and they also had the capability of

identifying the owner of a car from its registered number

quite simply, as he did with my telephone number,

ex-directory, so they certainly had the capacity to do it.

Q. The frightening detail that you have given to the Chairman 597

there that they were able to acquire your new ex-directory

number within a day, is that correct?

A. 24 hours.

Q. Yes. 598

A. And not only that, Sir, the registration of my car, which

was about eight, nine weeks old at the time.

Q. Would that lead you to conclude that they were able to 599

access perhaps British Telecom information or vehicle

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registration data, that type of material?

A. Absolutely, absolutely.

Q. Mr. Valentine asked you about the reported radio traffic in 600

the area. You were informed of that obviously by the

deceased Chief Detective Superintendent Murray?

A. Correct, Sir.

Q. You would be happy to presumably rely on that as reliable 601

information from your knowledge of how such transmissions

are surveilled upon?

A. He said there was activity, transmission activity, and I

honestly believed, he had no reason to say otherwise.

Q. Yes. We have had some other evidence of that, but you 602

recorded in your statement in the following terms: "I was

subsequently told by my late colleague, Detective Chief

Superintendent Frank Murray, that from about midday on the

day of the murders a high level of" -- there is a word

blacked out -- "activity known to have been generated by

paramilitary groups was recorded in the south Armagh area."

A. Yes, that's correct.

Q. We are talking about the area, therefore, a number of hours 603

before the murders were committed?

A. Yes, south Armagh is a big area, that's the problem.

Q. Yes. 604

A. So, he wasn't specific as to the precise location of it.

Q. Yes. But it is criss-crossed with many minor local roads? 605

A. A warren of lanes, roadways and some of which are only

known to the locals.

Q. Yes. You had operational responsibility, as I understand 606

it, at that time along the border, is that correct?

A. No, I didn't have operational --

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Q. Sorry, perhaps I misunderstood. 607

A. No, I was, as I say, co-located with 3 Brigade. I advised

3 Brigade, I coordinated operations with the commanders

along the border. I wouldn't go into Harry Breen's

division and organise an operation of my own volition. I

would discuss with him the need for an operation and then

he would take command of whatever needed to be done. And I

would then liaise with all the agencies in the border:

Customs, army, everybody else.

Q. Yes. You have mentioned Brian Fitzsimons, who I think is 608

deceased?

A. Yes, he was killed.

Q. I think he was killed in the Chinook crash on the Mull of 609

Kintyre?

A. Yes.

Q. We have a statement from Detective Sergeant Gethins who 610

said that Mr. Corrigan was very friendly with

Mr. Fitzsimons?

A. He was.

Q. Is that correct? 611

A. He was indeed, yes.

Q. And Mr. Fitzsimons, I think he ultimately became the head 612

of the Special Branch?

A. He was Assistant Chief Constable Special Branch.

Q. Accordingly, you would agree with what we have received 613

from Witness No. 2 in his statement, he said "In relation

to Mr. Corrigan, I know that he was friends with Brian

Fitzsimons and that Fitzsimons had previously found

Corrigan helpful." That would be correct, then, is that

right?

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A. To the best of my knowledge, and I had discussions with

Brian Fitzsimons on his relationship, when I joined Newry

as a Detective Chief Inspector, and he reassured me about

the possibility of dialogue with Mr. Corrigan.

Q. Yes. 614

A. And approved of it.

Q. Yes. Witness 8 says this: "Owen Corrigan could have set 615

lots of policemen up over the years had he wanted. I

trusted him and still would trust him now." Would you

agree with that?

A. Well, I agree with the context of the whole thing. He had

many opportunities and certainly he had more than enough

opportunities in my case in the dark of night, so I

basically must concur with that statement.

Q. Yes. Was any intelligence in relation to Mr. Corrigan 616

dating from 1985 shared with you?

A. Intelligence about him or his --

Q. His character? 617

A. Or his character.

Q. Intelligence about him. 618

A. There was some sporadic rumours, but that is not

intelligence.

Q. Yes. 619

A. A rumour can be from many sources and in police terms a

rumour never loses anything when it is repeated.

Q. Yes. In any event, despite your experience in the 620

different posts that you held, you were never warned off

Mr. Corrigan, is that correct, by your authorities?

A. On the contrary. Every contact I had with Mr. Corrigan or

indeed any other officer from another police force or any

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of my own, it is recorded faithfully in my journal and it

is witnessed by whoever happened to be my immediate

superior at the time, and that goes right up to Senior

Assistant Chief Constable, witnessed my diaries. So, I had

absolutely no problem in meeting and reporting the

meetings.

Q. All right. Just turning to another matter. Your opinion 621

in relation to the murders themselves, I think you have

obviously offered a view that it wouldn't have taken more

than half an hour, perhaps, for the active service unit to

scramble and be ready?

A. In the correct circumstances, yes.

Q. Would you agree with me that wouldn't exclude the fact that 622

they may have had prior information about the

Superintendents and/or their cars and routes, they may have

had that for some time?

A. I am not quite sure of the context of your question, sir.

Q. I am just wondering when you say they mightn't have needed 623

more than half an hour...

A. Yes.

Q. ...to get the active service units in position, you are not 624

excluding the fact that they might have had prior

information?

A. No, I am not excluding any possibility or any scenario. It

is just that if they were contacted by somebody and they

said "we need an ambush" they would have code words for

ambush and they would have code words for particular types,

if it was a senior police officer, they wouldn't say "I

want you to ambush a senior police officer and kill them,"

they would have various code words prepared in advance so

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the active units would very quickly mobilise and they would

know exactly what to do. In fact they could cover five

roads in that time and whichever road the suspect car they

believe went down, the target car, they could have engaged

it then.

Q. Yes. Your information, obviously you have told the 625

Chairman that you were informed that a large number were

involved and that came not from a Garda source, obviously,

but from your own intelligence?

A. Yes, that's correct, sir.

MR. McGUINNESS: Thank you very much, Witness 27.

THE WITNESS WAS CROSS-EXAMINED BY MR. O'CALLAGHAN AS

FOLLOWS:

MR. O'CALLAGHAN: Thanks very much, Chairman.

Q. Good afternoon, Witness 27. I appear for retired Detective 626

Sergeant Owen Corrigan. Is it the case, sir, that there

was no real co-operation between Dundalk Garda Station and

Newry RUC station before you initiated it?

A. That's not correct. There was no communication at

detective level, at crime, Special Branch level,

intelligence level. I can't speak for the uniform sections

of both forces, but certainly at the detective level there

was no direct communication. There may have been formal

communication through the uniform divisional commander.

Q. And when you initiated contact at detective level, was 627

Sergeant Corrigan agreeable to co-operating with Newry RUC

station?

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A. It doesn't quite work like that. Garda officers tend to

work on an individual basis face-to-face with one

individual and initially there was some degree of almost

suspicion, and that's quite understandable because I

bounded into his office and demanded to be speak in the

interests of both forces and both populations, and slowly

but surely, yes, we built up a dialogue, yes.

Q. And would it be fair to say that after the initial 628

suspicion that Sergeant Corrigan provided you with useful

information about the course of activities?

A. That's correct, and it is well documented.

Q. And he provided you with useful information on the 629

activities of the Provisional IRA at that time?

A. That's correct.

Q. And as time went on, sir, would it be fair to say that you 630

trusted Sergeant Corrigan?

A. I trusted him with my life because I was in his hands each

time I crossed the border, so... And at that time it is

difficult to rehearse in this Tribunal, the miasmic

conditions under which we all had to work and it wasn't a

simple matter of hopping in the car and driving to Dundalk

and hoping for the best. There was a dedicated effort by a

number of groups to kill us. So it must be put in the

context of the conditions we worked under at that time.

Q. You mentioned, sir, the events of the 27th April, 1981. Am 631

I correct in stating that you regarded those events as an

ambush upon your life?

A. Absolutely.

Q. And can I ask you, the source that you were due to meet on 632

that day, did he ever contact you subsequently and say "Oh,

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why didn't you turn up?"

A. No.

Q. Would you agree with me that that would indicate that in 633

fact it was an attempt on your life?

A. Well, I always regarded it on the basis of the reaction of

Mr. Corrigan, that we were both in danger of either being

shot or worse, yeah.

Q. Can I ask you, and it may be a difficult question for you 634

to answer but I will ask you anyway. Do you believe that

Sergeant Corrigan saved your life on that day?

A. Without going to the extremes, he probably saved both our

lives if the circumstances were what we believed them to

be. And the fact that the informant never made contact

again would lead to the suspicion that he had been turned

in order to set us up.

Q. That was the point I was going to make. Because if there 635

was nothing wrong with the rendezvous, surely the source

would have contacted you and said why didn't you turn up.

Would that be a fair assessment on my part?

A. Well, it is pure speculation. I am not in a position to

confirm it or otherwise.

Q. But in answer to my question, you believe Sergeant Corrigan 636

saved your life?

A. He saved both our lives. Bullets don't discriminate when

they open up with a submachine gun.

Q. I understand. That is very important evidence, sir, 637

because it's the first evidence that the Chairman has

heard, direct evidence of a member of An Garda Síochána

saving the life of an RUC officer. In 1988, sir, you

returned to Newry, isn't that correct?

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A. '87, I think.

Q. ' 87. And after that you reinitiated contact with Sergeant 638

Corrigan, is that so?

A. That's correct, yes.

Q. And am I right in saying that the reason you did that was 639

because you knew previously he was a valuable source and

you wanted to reinitiate him as a source?

A. I thought the dialogue was extremely important given the

level of casualties, 21, 22 police officers in 21 months, a

judge and his wife, five young officers along the border or

four young officers blown up meeting a Brink's-MAT delivery

van, so any source of information or cooperation with

another jurisdiction was vital, and Mr. Corrigan provided

the avenue to that, although I did have good relations with

the commanding officers in Dundalk and the adjacent border

stations, Chief Superintendent, Superintendents and

Inspectors, so he wasn't the sole avenue of communication.

And obviously as the commander, the uniform commander, I

had very good access to the uniform officers in Dundalk.

Q. Were you aware, sir, that Sergeant Corrigan's position had 640

changed between the years 1981 and 1987 in that after the

Anglo-Irish Agreement a higher layer of detective officer

had come in over him? Were you aware of that at the time?

A. I don't immediately recall it but I am sure I was apprised

at the time of any changes in the command, sir.

Q. But in any event, in 1987, '88, '89, Sergeant Corrigan 641

still provided you with useful information?

A. Yes, it wasn't dramatic but on the other hand, it certainly

was operationally useful, yes.

Q. And Mr. Valentine took you through on the screen a section 642

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from your journal dated the 28th February, 1989, in which

you record that you met Sergeant Corrigan in Dundalk, isn't

that correct?

A. That's correct.

Q. And in your evidence, sir, I think you mentioned that the 643

Assistant Chief Constable would have signed off on your

journal for that particular entry, is that so?

A. I have his signature in front of me where he witnessed and

authorised it. It is here in my journal. Yes, of course.

Q. So, when he read the reference to Detective Sergeant Owen 644

Corrigan, he didn't say anything to you negative about

Detective Corrigan, did he?

A. At no time in the years that I worked with Mr. Crushley,

Assistant Chief Constable, did he mention anything

derogatory about Mr. Corrigan.

Q. And you mentioned how Frank Murray had contacted you and 645

suggested that Mr. Corrigan probably wasn't at a

sufficiently high level for you to meet him, would that be

a fair assessment of what Mr. Murray said to you?

A. Well, it could be interpreted in a number of ways and that

is just but one of them. He didn't elaborate on it and

because we were discussing it on the telephone I didn't

seek to elaborate either.

Q. It could have been, would you agree with me, that 646

Mr. Murray was not annoyed but would have thought it more

appropriate had you gone to the higher levels of the

Detective Branch for information?

A. No, I never viewed it in that light at all, never.

Certainly not.

Q. Okay. Would you agree with me, sir, that it is dangerous 647

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for politicians to be directing operational police matters?

A. Well, actually it is worse than dangerous. It is a breach

of all precedent in terms of the relationship between the

executive and the police force and the police force have

always jealously guarded their independence operationally.

Q. I detected from your evidence there, and correct me if I am 648

wrong, you believe that the origins of the, I suppose,

investigation into the activities of Mr. Murphy, Mr. 'Slab'

Murphy, that the origins of that were the statements made

by the Secretary of State at the dinner you attended on, I

think, the 16th March, is that so?

A. Well, I haven't mentioned that name at any stage in my

evidence so far.

Q. I know you haven't, sir. I am just filling you in. I 649

noticed you hadn't. The name has been mentioned here, so

feel free to mention it if you wish or just continue not to

mention it if you wish, whatever you are more comfortable

with it. It has been mentioned to the charm before?

A. Could you repeat the question again, please?

Q. Would you agree with me that it was at the dinner with the 650

Secretary of State that the decision was made to

investigate the activities of Mr. 'Slab' Murphy?

A. At the dinner, at the super I agreed and I felt that that

was the case, but having seen that document on the screen

this afternoon, there was obviously some discussion at the

highest level with the Secretary of State, the Chief

Constable and the General Officer Commanding about that

target, person, and so that has to lead me to reassess my

initial interpretation. If it had been discussed at that

meeting on the 15th, then perhaps the GOC and the Chief

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Constable both may have agreed that the operation should be

processed. However, the document on the screen merely

asked for a report on the activities of smugglers in the

border to be given to the Chief Constable. There is no

indication there that it was directed at that stage by the

Chief Constable. The first indication I had was at the

supper and the second indication was at the meeting on the

16th when No. 18, or whatever he is, Witness No. 18 said

that he had been directed to mount this operation which we

already had in hand anyway.

Q. And if it was the Secretary of State who initiated this 651

proposal, would you agree with me that it was ill-advised

and a dangerous proposal emanating from him?

A. I told him at the supper that that was the case, sir.

Q. And how did he respond to that, sir? 652

A. He thumped the table and demanded that I go ahead, and who

is a humble Chief Super to argue with a Secretary of State?

Q. Is that the reason, sir, that when you were contacted by 653

the Northern Ireland Office after the murder of your

colleagues, that you were particularly irritated that the

Northern Ireland Office asked you why they were down there

on their own?

A. No, it is not the case actually, because about ten months

previous there were two terrorists blew themselves to

pieces while planning to kill some security forces and I

was responsible, as commander, for organising the funerals,

supervising the funerals in order to prevent massive

disorder and it came to the stage of negotiation with the

clergy that during that week I had to drive into the middle

of south Armagh, which wasn't approved by authorities, to

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speak with the priest and to negotiate a proper decent

Christian burial without the trimmings of paramilitaries.

Harry Breen agreed to join me. We drove down there. As we

drove back past an IRA monument with numerous symbols of

subversion and destruction, Harry Breen said to me "If

anything happens us down here, the first question they will

ask is 'what the hell are those men doing down there on

their own?'" So, when it happened, that is exactly my

response. His question to me had been very prophetic.

Q. Did Harry Breen mention to you on the day of the murders or 654

on the day before it or in the days before it that he was

worried about travelling down to Dundalk because of certain

Garda officers?

A. Absolutely not. And Harry Breen was my closest colleague.

Socially we were close as well. We discussed the whole

operation after the supper in my driveway. The only

concern he expressed was what I have already outlined to

the Tribunal, that it was the wrong time, the wrong place,

and there wasn't enough intelligence, accurate intelligence

to support it. He expressed no concern whatsoever about

meeting with An Garda Síochána or at any other of their

stations. Nor during my relationship with him over the

years did he ever express such fears.

Q. And, sir, if Mr. Breen did have such fears or concerns, do 655

you think he would have shared them with you?

A. Well if Harry Breen thought he was driving into the arms of

death, he surely would not have asked me to accompany him

if he had any fear or belief or suspicion. So absolutely

not.

Q. Mr. Buchanan's car would have been easily identifiable to 656

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terrorists and the IRA, is that correct, sir?

A. Yes.

Q. And I think he had used it for approximately 30 months at 657

the time of the murder, isn't that time?

A. Two and a half years, correct, sir.

Q. You also frequently drove across the border. What steps 658

did you take to ensure that your safety was protected when

you drove across the border?

A. I, invariably, sir, used strange cars, cars which could in

no way be associated with me or the police or the border,

and I sometimes travelled some distance to pick them up and

I did it that way. Occasionally I used my own vehicle,

obviously, which I changed frequently. And I occasionally

changed my number plates, but that was no great protection

because if you drive a blue Mercedes, you drive a blue

Mercedes, whatever number you put on it.

Q. Would you agree with me, sir, that Mr. Buchanan was at a 659

higher level of risk because he didn't change his car for

that period of time?

A. Well, I won't comment on the practices of Mr. Buchanan

because he was a very competent and very experienced police

officer, and how he chose to fulfill his duties and his

function was entirely up to him and I just wouldn't comment

on that.

Q. Okay, I can appreciate that, sir. And you mentioned in 660

your evidence that you learned from a credible witness that

there were approximately --

A. Sorry, sorry, I said a credible source.

Q. A credible source, sorry, I thought you said credible 661

witness. That source was an informant, is that so? I am

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asking about the source who told you that he had believed

there was approximately 32 people involved in the murder of

your colleagues.

A. Well, he would have access to the general chat in south

Armagh.

Q. And it is a source upon which you placed some belief and 662

reliance?

A. I had no reason to disbelieve him, sir.

MR. O'CALLAGHAN: Thank you very much, sir.

CHAIRMAN: Thank you. Any other questions?

MR. COFFEY: No questions.

MS. O'SULLIVAN: No questions.

CHAIRMAN: Ms. Crawford then.

MR. COFFEY: No questions, Mr. Chairman

MR. ROBINSON: Mr. Chairman, a brief number of questions

that may assist the Tribunal, subject to My Friend's

application.

CHAIRMAN: Certainly.

THE WITNESS WAS CROSS-EXAMINED BY MR. ROBINSON AS FOLLOWS:

Q. MR. ROBINSON: Witness 27, you have touched upon the 663

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character and characteristics of Harry Breen and Bob

Buchanan. Can you tell the Tribunal more about how these

officers operated and what they were like on a personal

basis?

A. Your Honour, they, first of all, were extremely experienced

officers. They were extremely familiar with the vagaries

of policing in south Armagh and the border area. They were

absolutely total professionals. They were entirely

honourable men. Totally honest and totally honest with

themselves and with their subordinates and indeed with

their commanders. Both religious men, I might add.

Q. And, Witness 27, certain labels have been attached to the 664

practice of driving across the border in the way that Bob

Buchanan did, and some of those labels would be a reckless

attitude to security or a lax attitude towards security or

carelessness. What would your response be to those

suggestions?

A. Well, Chairman, it is a fact of life that everyday we

literally expected to die, and if Mr. Mr. Buchanan chose a

particular way to traverse the border, in his own mind he

felt confident to do that, so I can't comment on any degree

of his risk assessment. He did it his way. The

authorities on high in Headquarters and in the Northern

Ireland Office never made any comment about how we crossed

the border or the fact that we even did cross the border

because I think sometimes a blind eye was closed to the

fact that we did it. They were satisfied with the service

they were getting to the police force, north and south of

the border, to the interdiction of terrorist weaponry and

to all other matters related to security. So, as far as I

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concerned, they cared not how we got it or how we crossed

the border.

Q. And if I can touch upon the necessity of the visits, 665

Witness 27. There was essentially no other way to conduct

this business, is that correct?

A. None whatever. Well, there was telephones were available

but the telephones were highly unsecure. The terrorist

organisations, without failure, had immense capacity to

intercept telephone calls. Postage was not reliable

because post vans had been hijacked and robbed. So the

face-to-face, and particularly in the environment in which

we worked, face-to-face communication was absolutely

important and the most practical.

Q. And it is correct, Witness 27, that a rapport had to be 666

constructed? You had to develop a rapport with your

counterparts south of the border?

A. Utterly, totally and utterly, because the practice was, I

mean we went to formal meetings which were instigated after

the northern, Anglo-Irish Agreement we went to formal

meetings, we went through the agenda and discussed all the

formal issues and no real information was discussed until

we were in the margins when people would talk face-to-face.

The other issue was, if an individual garda did not like

you, he would talk to you all day and tell nothing. If he

liked you, he would talk to you and tell you what you

needed to know. And I suppose, to a degree, it was the

same with RUC officers.

Q. And, Witness 27, if I could just expand upon a point that 667

you raise in your evidence. You said that a third person

in a vehicle would create an additional target?

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A. Yes.

Q. Following that logic, if, for example, an armed vehicle was 668

used or an armed police car was used to traverse the

border, that would be more noticeable, is that correct?

A. Not only that but they would blow it up.

Q. And also if, for example, Buchanan used an escort, that 669

again would be more noticeable, there'd be three vehicles?

A. That would be three targets.

Q. And following that logic, if a garda, if a garda escort was 670

arranged for the southern part of the border, surely the

presence of that escort waiting for the northern vehicles

would again attract attention?

A. It would be an indication that somebody of importance is

travelling, yeah. But of course the garda can use unmarked

plain vehicles as well, so...

Q. But again it could be argued that subversives would become 671

familiar with the unmarked garda vehicles in that district

or that division?

A. Well, there was very little happened that didn't go

unnoticed to the residents. As in most country areas in

Ireland, if there is a strange person or a strange vehicle

within the area, they would be picked up right away,

noticed anyway. I go back to the point that in this

Tribunal it is very hard to rehearse the conditions under

which we had to operate. The communications were poor.

There were no mobile telephones. There was an urgency

often in having to meet with your counterpart on the other

side of the border. You couldn't wait for a week to plan

an operation to secure the operation, you had to do it

there and then. And it is very hard to recreate that

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environment in this flaccid condition we are in here today.

Q. Certainly. And what I am trying to draw out, Witness 27, 672

is essentially the fact that Bob Buchanan travelled in his

own car, would actually have been less of a risk than say,

for example, organising an escort either from the north or

from the south and it was perhaps a quicker way to get the

job done under circumstances where he would be less

noticeable?

A. Well, I go back to your original point about traversing the

border and the number of people in the car. The number of

cars on the road connected with an individual of the police

would attract more targets. So, the risk increases with

the number of people, and that's why I always preferred

travelling on my own anonymously and in strange vehicles.

That was the story.

MR. ROBINSON: I have no further questions. I am obliged,

Mr. Chairman.

CHAIRMAN: Any questions, Mr. Valentine?

THE WITNESS WAS RE-EXAMINED BY MR. VALENTINE AS FOLLOWS:

Q. MR. VALENTINE: First, one matter by way of re-examination. 673

Witness 27, what was the purpose of having your superior

officers sign your journal?

A. Well, my journal includes my hours of duty, my journal

includes my mileage, for which I claimed. It includes any

subsistence that I might claim and it also denotes the

people that I met, yeah. So, if anybody said "well, you

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are meeting a suspect," I would have said "I am meeting him

on business." The Chief, if he wanted to question my

meeting, had the opportunity every fortnight to do it when

he read my diary. If he had any reason to question my

mileage claim or my subsistence claim he could then and

there discuss it with me and explain it and then he signed

it off as authenticated, a true and accurate record of the

duties of this officer.

Q. And was it the case that it was primarily related to 674

mileage and subsistence claims?

A. No, no, no. There was a whole combination. We had a

disciplined organisation. We were not MPs in the British

parliament, so everything was supervised meticulously but

particularly our associates, you know, they were

meticulous. And as supervising officer, commanding

officer, I was meticulous about supervising diaries. Where

were you on that time? What you on at that time? If the

officer had met somebody twice in a week and the third time

that week he was murdered, I would have expected to know

that he was meeting the person, who he was meeting, so that

would immediately enhance the investigation into the

murder.

Q. So you are satisfied that your superior officers, when they 675

signed the journal, looked at the detailed entries and

appraised themselves of who you were dealing with and who

you had contact with?

A. They had that opportunity. Whether they took that

opportunity or not, it is up to them. But when they put

their signature on it, as is this one, that's it, they have

certified it. That's it.

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Q. Very good. I have been asked, Chairman, by one of the 676

parties with limited representation to clarify one point

with Witness 27 and it is this: Witness 27, the event that

you have outlined in relation to the 27th April, 1981, can

you just clarify again that you had met your source on two

previous occasions, is that correct?

A. Yes.

Q. And was Detective Sergeant Corrigan with you on those two 677

previous occasions?

A. I brought him to meet Mr. Corrigan.

Q. On the two previous occasions? 678

A. Yes.

Q. This would have been the third occasion in which Detective 679

Sergeant Corrigan, yourself and this source would have met?

A. Yes.

Q. Thank you. 680

Finally, Chairman, there is just one question, it is,

strictly speaking it is not a matter that arises from

cross-examination but I don't think it is particularly

controversial, it is just a matter that I omitted to ask in

my examination-in-chief and it is this: When you spoke to

Chief Superintendent Breen on the morning of the 20th

March, 1989, the first telephone conversation at

twenty-five past nine, I think you said, did he say

anything which indicated to you when he had spoken to

Dundalk to arrange the meeting?

A. No, and I didn't question it because it was such a routine

issue.

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Q. So you don't know whether it had been arranged that morning 681

or over the days since the --

A. He had two or three days to do it, so I didn't.

MR. VALENTINE: Very good. I have no further question.

Thank you very much, Witness 27.

CHAIRMAN: Well, now, this witness has concluded his

evidence and he will be able to leave by the side door when

--

MR. VALENTINE: That concludes the business for today,

Chairman.

CHAIRMAN: Well, I want to thank Witness 27, thank you very

much indeed for coming here today. I appreciate that

throughout 'The Troubles' in Northern Ireland you had an

enormous amount of stress. I don't think there is anybody

here present in this room who was ever attacked or an

attempt made on his life on six occasions. It is very

difficult for you to relive that traumatic period when two

people you knew well were murdered. I am very grateful to

you for coming and I am greatly in your debt because you

have assisted the Tribunal very considerably. Thank you

very much

A. Thank you very much, Sir.

MR. VALENTINE: The witness's solicitor, Ms. Crawford, will

have an application to make. I think that can be dealt

with in writing. Obviously the Tribunal will rule on that

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obviously after it is reported in the normal course.

CHAIRMAN: It isn't that urgent, is it? Very good. Well

then, the witness will first leave. The public will leave

so that the witness may now retire and I am told 11 o'clock

then tomorrow morning.

THE TRIBUNAL ADJOURNED UNTIL THE FOLLOWING DAY, FRIDAY, 9TH

SEPTEMBER, 2011, AT 11 AM.

''70s [1] - 45:11'81 [3] - 88:15, 122:9,

126:23'84 [2] - 88:15, 122:9'87 [2] - 88:21, 142:1'88 [2] - 88:21, 142:26'89 [4] - 6:19, 17:19,

17:21, 142:26'91 [1] - 36:23'actionable [1] - 100:17'after [1] - 12:5'B' [6] - 2:14, 31:24, 32:4,

32:7, 50:2, 50:6'C' [1] - 27:3'H' [3] - 97:11, 105:14,

111:5'Slab' [2] - 144:8, 144:22'The [1] - 155:17'what [1] - 146:7

11 [2] - 1:5, 1:1110 [4] - 28:12, 29:9,

29:11, 78:710:30 [1] - 78:710:50 [1] - 29:710a.m [1] - 131:2611 [2] - 156:5, 156:912 [2] - 1:9, 89:141205 [1] - 133:2128 [1] - 1:1212th [1] - 8:1913 [1] - 21:15139 [1] - 1:1314 [2] - 1:12, 1:13148 [1] - 1:1415 [1] - 46:2152 [1] - 1:1515th [8] - 93:19, 93:22,

95:9, 95:13, 96:26, 102:9, 102:21, 144:30

16 [1] - 55:316th [15] - 6:26, 62:4,

80:3, 95:12, 97:1, 97:3, 97:17, 98:6, 103:28, 105:21, 106:8, 129:1, 129:4, 144:11, 145:8

17 [1] - 114:217:00 [1] - 97:2117th [3] - 11:25, 20:13,

28:918 [10] - 1:6, 97:13, 97:14,

97:17, 98:28, 99:17, 102:23, 104:16, 145:8

1960 [1] - 11:211964 [1] - 11:221966 [1] - 87:111968 [1] - 87:141969 [1] - 87:141970s [3] - 14:1, 14:141971 [3] - 15:2, 16:28,

17:91972 [1] - 87:161975 [3] - 11:24, 11:25,

20:13

1976 [2] - 20:4, 87:191978 [2] - 26:14, 65:241980 [6] - 49:25, 87:22,

88:10, 117:9, 118:3, 118:5

1980s [1] - 123:51981 [11] - 87:22, 88:10,

117:9, 118:3, 120:4, 122:7, 123:6, 126:23, 140:25, 142:21, 154:4

1984 [2] - 87:25, 89:101985 [2] - 117:30, 137:161987 [6] - 8:19, 9:1, 80:6,

87:25, 142:21, 142:261988 [7] - 2:8, 2:10, 29:6,

87:26, 88:21, 123:11, 141:29

1989 [33] - 2:29, 6:19, 6:27, 15:27, 16:30, 20:2, 22:21, 23:2, 27:2, 27:10, 28:9, 29:10, 29:16, 29:21, 30:28, 31:14, 31:15, 31:22, 35:14, 50:26, 53:2, 62:4, 77:18, 80:3, 93:13, 96:2, 102:10, 102:21, 102:24, 117:6, 123:24, 143:1, 154:24

1990 [4] - 35:13, 36:19, 36:29, 56:20

22 [2] - 1:5, 136:262/9/1987 [1] - 25:1720 [3] - 46:2, 46:10,

116:182011 [2] - 1:1, 156:920th [9] - 30:28, 31:15,

106:8, 106:14, 106:22, 107:15, 107:24, 130:24, 154:23

21 [3] - 123:15, 142:921st [1] - 22:2122 [3] - 1:15, 123:14,

142:922nd [2] - 16:3, 29:622nd/23rd [1] - 29:1023:00 [1] - 107:123rd [2] - 11:22, 35:1224 [4] - 116:5, 116:6,

116:7, 134:2524-hour [1] - 114:1424:00 [1] - 121:124th [3] - 15:27, 31:14,

102:2427 [29] - 1:10, 84:11, 86:5,

87:1, 87:4, 98:22, 101:15, 106:18, 107:13, 110:16, 110:26, 112:22, 117:5, 120:5, 127:14, 128:24, 139:12, 139:18, 148:30, 149:12, 150:4, 150:14, 150:28, 152:2, 152:25, 154:3, 155:6, 155:15

27th [3] - 120:4, 140:25, 154:4

28 [1] - 1:1428th [2] - 123:24, 143:1

33 [7] - 91:13, 91:27,

91:28, 102:23, 124:6, 136:2, 136:3

30 [2] - 35:7, 147:330th [1] - 27:132 [3] - 20:23, 113:30,

148:236 [5] - 98:30, 99:14,

99:15, 99:173rd [1] - 31:22

44 [1] - 102:2340 [1] - 98:449 [1] - 1:6

557 [1] - 1:75th [2] - 20:2, 27:10

66 [5] - 1:7, 28:12, 29:10,

29:12, 98:2869 [1] - 1:86th [2] - 96:2, 96:10

77 [1] - 1:877 [1] - 1:97th [2] - 11:21, 22:18

88 [1] - 137:787 [2] - 1:11, 142:28TH [1] - 1:1

99 [2] - 17:8, 27:239/8/1989 [1] - 25:189:25 [1] - 107:179TH [1] - 156:8

Aa.m [3] - 28:12, 29:10,

29:12aback [1] - 103:11abducted [1] - 28:10abduction [2] - 66:21,

67:18ability [1] - 133:30able [11] - 11:12, 41:14,

47:24, 47:26, 101:14, 114:12, 116:28, 134:4, 134:23, 134:29, 155:9

abounded [1] - 125:26abounds [1] - 126:5abreast [1] - 92:10absence [3] - 34:11,

67:20, 102:14absent [2] - 23:24, 68:10absolute [1] - 120:13absolutely [26] - 48:6,

60:16, 66:1, 92:24, 94:25, 95:10, 96:28, 99:6, 104:15, 105:1, 108:29, 112:18, 113:15, 113:22, 122:6, 132:24, 134:9, 135:2, 138:5, 140:28, 146:14, 146:28, 149:8, 150:12

abuse [2] - 13:22, 22:6ACC [21] - 89:20, 89:27,

89:28, 89:29, 89:30, 91:1, 91:7, 91:13, 92:22, 94:29, 97:12, 97:26, 98:16, 99:7, 100:2, 101:2, 102:4, 102:15, 102:21, 102:22, 125:8

ACC(C [4] - 102:4, 102:5, 102:13, 102:14

accent [2] - 107:8, 107:11accept [2] - 37:16, 96:21acceptable [2] - 53:27,

86:13access [6] - 91:16,

114:28, 116:26, 134:30, 142:19, 148:4

accompanied [3] - 8:29, 96:4, 96:6

accompany [3] - 108:27, 109:17, 146:27

accordingly [2] - 130:26, 136:25

account [3] - 21:28, 67:19, 108:7

accountability [1] - 13:21accounted [2] - 7:16,

9:17ACCs [1] - 90:4accumulate [1] - 40:9accuracy [1] - 100:24accurate [3] - 124:26,

146:19, 153:7achieved [2] - 31:19,

39:12acknowledge [1] - 14:13acquaintance [1] - 10:8acquaintances [1] -

62:28acquire [2] - 10:19,

134:23acquired [2] - 116:8,

133:23acquiring [2] - 115:7,

134:5Acting [2] - 107:24, 125:6acting [6] - 18:22, 34:8,

94:29, 95:5, 97:9, 125:8action [6] - 24:10, 24:15,

34:24, 118:9, 118:10, 132:18

actionable [1] - 100:12active [10] - 109:25,

112:23, 112:29, 113:4, 113:10, 114:9, 114:12,

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138:10, 138:21, 139:1actively [2] - 10:9, 112:11activities [25] - 6:7, 6:8,

8:22, 10:5, 11:30, 13:25, 18:12, 18:25, 22:5, 34:7, 34:9, 41:23, 45:11, 61:18, 62:9, 69:24, 75:21, 94:12, 108:12, 123:16, 140:10, 140:13, 144:8, 144:22, 145:3

activity [8] - 48:16, 62:13, 80:18, 94:10, 132:10, 135:10, 135:17

acts [3] - 60:13, 61:20, 89:19

actual [1] - 99:11add [4] - 6:26, 23:26,

134:10, 149:11adding [1] - 20:26addition [1] - 40:3additional [6] - 23:26,

73:9, 75:15, 127:11, 127:12, 150:30

address [6] - 23:4, 116:8, 116:19, 116:20, 116:24

addressed [4] - 62:4, 73:3, 108:12, 110:20

addressing [1] - 74:26adequate [1] - 101:29adjacent [6] - 91:11,

91:21, 91:22, 91:29, 97:27, 142:15

adjourned [2] - 37:6, 37:9ADJOURNED [3] - 83:4,

128:12, 156:8adjudicated [2] - 58:21,

60:25adjudicating [1] - 57:21adjudication [1] - 67:11administration [2] -

31:23, 32:1adopted [1] - 114:16advance [1] - 138:30adverse [1] - 13:28advertising [1] - 48:25advise [1] - 90:3advised [5] - 89:19,

99:29, 100:6, 136:2, 145:12

aerial [1] - 104:4affect [1] - 20:6afflicted [1] - 26:29AFTER [1] - 84:1aftermath [1] - 123:14afternoon [7] - 49:21,

57:9, 84:17, 110:3, 112:6, 139:18, 144:25

afterwards [10] - 39:21, 47:15, 54:17, 55:15, 76:25, 76:26, 77:27, 99:12, 116:18, 132:10

agencies [1] - 136:8agenda [2] - 81:12,

150:20agent [1] - 34:8ago [2] - 76:25, 116:18ago.. [1] - 17:28

agree [22] - 57:10, 57:27, 58:19, 59:27, 60:29, 64:20, 64:28, 65:14, 65:21, 66:11, 66:14, 134:4, 136:25, 137:10, 137:11, 138:13, 141:3, 143:24, 143:30, 144:20, 145:12, 147:17

agreeable [1] - 139:29agreed [10] - 81:9, 81:24,

103:30, 105:27, 107:27, 118:15, 121:15, 144:23, 145:1, 146:3

Agreement [5] - 5:13, 89:9, 117:29, 142:22, 150:19

ahead [2] - 105:18, 145:16

aim [1] - 134:9air [2] - 75:15, 112:3aired [1] - 66:12Alan [2] - 97:27, 108:26albeit [1] - 18:13alive [1] - 102:27allegation [13] - 8:20,

30:6, 30:13, 35:29, 41:18, 43:17, 43:19, 44:6, 48:21, 58:4, 60:26, 75:11, 82:6

allegations [5] - 18:8, 57:27, 58:14, 59:18, 66:12

alleged [9] - 9:11, 18:13, 27:23, 50:16, 55:22, 61:23, 62:25, 75:7, 80:29

allegedly [1] - 43:10alleviate [1] - 118:9allied [1] - 20:22allocated [3] - 7:13, 9:15,

32:14allocation [1] - 33:28allow [5] - 13:19, 35:2,

54:26, 58:25, 79:11allowed [2] - 30:29, 54:15allowing [3] - 15:6, 33:16,

34:28almost [2] - 122:20, 140:3alone [1] - 55:13alteration [1] - 81:15altered [1] - 35:30altering [5] - 6:30, 27:25,

59:4, 59:25, 66:16alternative [1] - 53:9AM [1] - 156:9amazingly [1] - 92:28ambush [9] - 47:18,

112:15, 112:24, 113:13, 114:10, 138:26, 138:27, 138:29, 140:27

amenable [1] - 118:22amiss [1] - 79:15amount [4] - 13:20, 82:1,

94:5, 155:18ample [1] - 66:14AND [1] - 128:12and.. [4] - 36:18, 40:13,

110:22, 111:13

Anglo [5] - 5:13, 89:9, 117:29, 142:22, 150:19

Anglo-Irish [4] - 89:9, 117:29, 142:22, 150:19

annoyed [1] - 143:25annual [1] - 23:24anomaly [1] - 90:10anonymity [1] - 82:27anonymous [1] - 114:25anonymously [2] -

113:29, 152:14answer [10] - 13:9, 23:11,

41:18, 79:24, 81:10, 96:22, 110:18, 116:5, 141:9, 141:22

answerable [1] - 90:23answered [1] - 42:11answers [1] - 42:21anyway [4] - 116:6,

141:9, 145:10, 151:23anyway.. [1] - 123:22apart [2] - 117:26, 127:6apologies [2] - 39:30,

93:22apologise [2] - 95:15,

127:30Appeal [1] - 23:13appeal [18] - 18:16, 20:1,

20:3, 22:25, 23:21, 26:16, 27:10, 29:24, 29:26, 30:24, 30:25, 30:27, 30:29, 53:6, 63:25, 63:28, 64:4, 64:6

appeals [1] - 38:11appear [6] - 26:12, 69:10,

127:30, 128:25, 128:27, 139:18

appeared [1] - 120:26appearing [1] - 49:22appellant [1] - 64:9applicable [1] - 54:14application [7] - 43:7,

51:1, 54:26, 86:7, 86:13, 148:24, 155:29

applied [5] - 27:12, 33:12, 45:17, 80:16, 80:18

appointed [7] - 8:1, 11:21, 14:30, 16:9, 17:12, 25:28, 87:25

appointing [1] - 16:8appointment [4] - 9:15,

20:12, 78:6, 87:24appraise [1] - 107:17appraised [1] - 153:25appreciable [1] - 25:6appreciate [3] - 77:29,

147:25, 155:16apprised [1] - 142:24approach [6] - 39:15,

44:21, 70:27, 115:15, 118:16, 125:23

approached [2] - 33:18, 125:19

approaching [1] - 9:11appropriate [3] - 15:12,

16:15, 143:26approved [2] - 137:6,

145:30

April [6] - 22:21, 32:21, 120:4, 126:23, 140:25, 154:4

Aqua [1] - 25:28arduous [1] - 20:25area [39] - 10:6, 11:3,

12:1, 13:27, 13:30, 14:4, 18:7, 25:30, 32:20, 38:10, 40:13, 45:25, 45:28, 47:21, 48:19, 61:18, 62:27, 89:14, 89:15, 89:21, 90:1, 92:13, 94:18, 94:22, 108:30, 112:30, 114:23, 120:21, 125:26, 131:22, 131:29, 133:4, 133:9, 135:4, 135:18, 135:20, 135:22, 149:7, 151:22

areas [3] - 10:29, 108:13, 151:20

argue [1] - 145:17argued [1] - 151:16argument [1] - 20:8arisen [1] - 48:22arises [4] - 54:1, 79:26,

85:9, 154:19arising [4] - 27:24, 77:7,

80:14, 116:1Armagh [24] - 11:16,

45:25, 87:14, 87:26, 88:14, 89:24, 91:9, 91:10, 91:20, 91:26, 93:30, 97:9, 97:16, 103:28, 106:23, 106:28, 124:5, 124:14, 134:17, 135:18, 135:22, 145:30, 148:5, 149:7

armed [4] - 20:17, 122:3, 151:2, 151:3

arms [1] - 146:26army [4] - 89:19, 93:30,

101:17, 136:9arose [6] - 17:28, 18:11,

30:11, 45:28, 51:6, 51:16

arrange [2] - 105:13, 154:27

arranged [5] - 105:13, 105:20, 121:25, 151:10, 155:1

arrangement [1] - 118:25arrangements [12] -

44:24, 44:30, 45:3, 71:1, 71:7, 82:28, 98:15, 106:1, 107:18, 120:16, 126:30, 129:28

arrested [1] - 20:24arrival [4] - 2:8, 5:28,

12:3, 80:7arrive [1] - 72:2arrived [10] - 2:10, 4:25,

8:30, 9:5, 14:7, 46:24, 70:14, 70:17, 70:21, 78:4

arriving [1] - 69:14AS [13] - 1:1, 2:2, 49:18,

57:6, 69:7, 77:12, 84:1,

87:2, 128:12, 128:14, 139:14, 148:28, 152:22

aside [2] - 40:25, 41:28aspect [2] - 49:6, 68:25assessment [11] - 12:8,

29:29, 45:8, 58:18, 68:20, 68:28, 129:24, 129:27, 141:19, 143:19, 149:22

assigned [1] - 2:13assist [4] - 6:26, 69:13,

99:16, 148:23assistance [3] - 43:10,

43:20, 123:17Assistant [36] - 7:23, 8:2,

8:3, 15:26, 15:29, 15:30, 16:13, 25:11, 32:7, 47:28, 49:3, 50:7, 69:12, 69:21, 77:17, 78:16, 87:27, 88:25, 89:6, 89:16, 90:25, 90:26, 92:3, 94:23, 95:3, 97:4, 102:16, 107:24, 124:4, 124:6, 124:26, 125:6, 136:24, 138:4, 143:6, 143:14

assistant [2] - 94:4, 107:21

assistants [1] - 71:5assisted [3] - 21:1, 122:4,

155:24assisting [1] - 74:19associated [1] - 147:10associates [2] - 11:1,

153:14Association [1] - 115:27assume [1] - 62:12assurance [1] - 129:11AT [1] - 156:9Athlone [1] - 3:27attach [1] - 23:22attached [8] - 8:9, 9:20,

9:24, 44:6, 101:16, 125:29, 126:1, 149:12

attack [1] - 113:25attacked [1] - 155:19attempt [4] - 116:13,

126:29, 141:4, 155:20attempting [1] - 61:9attempts [2] - 118:8,

119:20attend [9] - 64:23, 65:3,

65:10, 66:26, 67:19, 96:11, 103:4, 107:26, 108:23

attendance [3] - 97:16, 98:23, 107:25

attended [18] - 73:13, 93:14, 94:26, 96:9, 96:26, 97:10, 97:24, 97:26, 106:25, 106:26, 109:30, 111:7, 111:10, 120:18, 124:3, 124:5, 125:16, 144:10

Attended [4] - 97:4, 97:6, 106:23, 106:26

attending [2] - 66:20, 127:6

Smithwick Tribunal - 8 September 2011 - Day 30

Doyle Court Reporters Ltd.

2

attention [7] - 12:27, 14:11, 39:28, 62:19, 75:28, 107:3, 151:12

attitude [5] - 34:22, 65:20, 81:27, 149:15

attract [2] - 151:12, 152:12

attracting [1] - 85:4August [3] - 27:1, 29:6,

29:10authenticated [1] - 153:7authorised [2] - 26:9,

143:9authorities [6] - 21:6,

116:14, 119:1, 137:28, 145:30, 149:23

authority [3] - 34:22, 90:14, 130:3

automatically [1] - 127:17

avail [4] - 100:14, 100:16, 100:17, 115:8

available [6] - 7:15, 24:6, 35:19, 54:8, 115:11, 150:6

avenue [2] - 142:14, 142:17

aware [53] - 2:24, 3:4, 3:7, 3:22, 3:23, 6:5, 9:15, 9:30, 17:7, 17:27, 22:10, 23:25, 24:16, 25:16, 26:5, 26:6, 26:24, 28:25, 30:5, 30:6, 30:7, 30:8, 32:20, 32:27, 33:3, 33:25, 36:14, 37:20, 37:23, 39:19, 43:11, 44:8, 44:11, 44:18, 45:19, 49:1, 52:19, 60:27, 64:13, 65:18, 66:10, 72:19, 75:21, 85:2, 115:21, 119:3, 130:24, 130:25, 131:29, 132:10, 134:15, 142:20, 142:23

Bbackground [4] - 5:7, 7:8,

76:14, 80:25Banbridge [1] - 106:30bank [1] - 25:30Barracks [6] - 91:11,

91:18, 91:19, 91:29base [1] - 132:17based [5] - 3:27, 21:30,

26:17, 61:17, 66:13basic [1] - 127:12basis [23] - 42:18, 61:21,

61:23, 63:28, 75:18, 90:13, 91:6, 92:5, 92:9, 92:15, 92:27, 93:5, 100:4, 100:22, 104:7, 105:19, 105:20, 116:27, 122:13, 123:8, 140:2, 141:5, 149:4

battalion [1] - 94:1bear [2] - 70:17, 71:7bearing [1] - 91:3

became [7] - 9:15, 24:15, 36:16, 88:24, 118:14, 121:21, 136:22

become [6] - 28:24, 30:15, 98:19, 131:22, 131:28, 151:16

beefed [2] - 5:12BEEN [2] - 2:1, 87:1beg [1] - 2:11began [1] - 31:26begin [2] - 27:9, 87:9beginning [3] - 5:10,

62:7, 120:13begins [2] - 8:8, 23:20behalf [4] - 69:10, 86:11,

95:18, 123:17behaviour [1] - 60:11behind [1] - 84:9Belfast [9] - 86:12, 87:14,

87:20, 87:23, 88:16, 97:4, 106:23, 122:7, 133:15

Belgium [1] - 125:30belief [2] - 146:28, 148:6belong [1] - 112:4belonging [1] - 121:28benefit [1] - 55:9beside [1] - 116:23best [9] - 18:15, 32:25,

64:9, 72:7, 100:9, 116:20, 133:30, 137:1, 140:22

better [3] - 18:18, 40:15, 109:9

between [19] - 25:16, 34:28, 54:20, 64:16, 71:6, 76:18, 89:26, 89:28, 90:12, 92:7, 106:7, 118:4, 122:8, 122:14, 122:16, 123:4, 139:20, 142:21, 144:3

beyond [4] - 3:22, 39:13, 39:23, 74:6

big [4] - 11:2, 105:20, 107:8, 135:22

birds [1] - 24:17bit [5] - 5:6, 5:8, 38:25,

45:15, 128:26black [1] - 120:8blacked [3] - 19:23,

19:29, 135:17blew [1] - 145:24blind [1] - 149:26blow [1] - 151:5blown [1] - 142:11blue [2] - 147:15blunt [1] - 64:19Board [4] - 27:13, 27:15,

29:24, 30:24board [2] - 90:9, 105:15Bob [24] - 90:8, 90:18,

91:25, 93:3, 97:25, 98:7, 98:8, 98:9, 98:12, 104:30, 108:1, 108:23, 110:9, 111:7, 111:16, 111:22, 125:24, 126:6, 127:1, 127:6, 149:1, 149:13, 152:3

bodies [2] - 110:5, 132:12body [5] - 18:16, 66:27,

66:30, 109:6, 115:29Body [6] - 30:27, 31:6,

31:29, 32:9, 53:7, 64:13Body's [1] - 53:9bomb [2] - 29:7, 116:11bombing [1] - 59:12border [117] - 2:23, 5:14,

8:22, 11:16, 11:18, 12:30, 14:4, 18:7, 18:15, 19:6, 20:15, 28:11, 45:7, 45:24, 45:25, 45:28, 47:20, 48:16, 48:17, 61:12, 61:18, 62:10, 66:23, 69:24, 76:3, 87:28, 88:25, 88:29, 89:7, 89:11, 89:12, 89:13, 89:15, 89:21, 89:26, 89:29, 90:2, 90:4, 91:1, 91:7, 92:22, 92:26, 93:1, 93:3, 93:7, 94:9, 94:11, 94:18, 94:22, 94:29, 98:10, 98:13, 100:7, 103:8, 104:18, 105:8, 105:9, 108:12, 108:30, 110:5, 111:21, 112:25, 114:17, 114:23, 115:6, 115:14, 115:15, 117:17, 117:24, 117:30, 120:14, 120:29, 121:30, 122:2, 122:3, 122:12, 122:14, 122:21, 122:30, 124:6, 125:8, 125:26, 126:13, 126:24, 127:3, 129:6, 129:17, 129:22, 130:4, 130:12, 131:28, 132:13, 134:7, 135:29, 136:4, 136:8, 140:18, 142:10, 142:15, 145:4, 147:6, 147:8, 147:10, 149:7, 149:13, 149:20, 149:25, 149:29, 150:2, 150:16, 151:4, 151:10, 151:28, 152:10

Border [5] - 90:7, 90:8, 90:10, 90:18, 115:10

borne [1] - 82:8boss [1] - 25:27bottom [1] - 102:13bought [1] - 63:6bounded [1] - 140:5bounds [11] - 130:23,

130:28, 131:2, 131:11, 131:16, 131:20, 131:22, 131:25, 131:26, 131:29, 132:1

Branch [54] - 2:14, 7:14, 7:18, 7:21, 7:30, 9:16, 9:28, 11:22, 14:4, 15:17, 15:20, 15:21, 20:14, 20:27, 21:14, 27:3, 31:24, 32:4, 32:7, 32:11, 33:29, 34:19, 44:2, 49:30, 50:2, 50:6, 69:23, 75:3, 88:11, 88:13, 88:15, 88:19,

88:20, 88:26, 89:1, 89:3, 92:29, 102:8, 102:9, 111:29, 117:8, 118:15, 119:2, 119:3, 119:25, 122:8, 122:17, 123:6, 133:15, 136:23, 136:24, 139:23, 143:27

branch [2] - 2:15, 118:6breach [11] - 37:30,

40:11, 40:14, 59:3, 60:21, 66:17, 80:20, 81:13, 81:14, 144:2

breached [1] - 58:23breaches [8] - 27:23,

35:15, 59:7, 59:20, 60:11, 60:15, 66:28, 80:13

break [2] - 128:7, 128:9Breen [52] - 55:6, 55:12,

90:29, 91:23, 93:13, 93:28, 96:17, 96:23, 97:25, 98:2, 98:7, 98:9, 98:29, 99:2, 99:4, 99:26, 101:26, 103:30, 104:18, 104:30, 105:14, 106:1, 106:7, 106:24, 106:27, 107:1, 107:15, 107:25, 108:1, 108:15, 108:19, 108:23, 108:27, 109:4, 109:19, 110:2, 111:5, 115:13, 115:20, 127:7, 129:5, 131:6, 133:27, 146:3, 146:5, 146:10, 146:14, 146:24, 146:26, 149:1, 154:23

Breen's [14] - 55:7, 55:11, 90:27, 95:30, 96:2, 97:11, 99:2, 99:20, 108:26, 111:18, 115:22, 115:24, 116:21, 136:4

Brian [4] - 118:14, 136:10, 136:27, 137:2

Bridageer [2] - 89:17, 107:21

brief [3] - 88:19, 131:10, 148:22

briefed [7] - 99:12, 103:6, 103:12, 104:9, 110:30, 111:1, 131:14

briefing [1] - 131:14briefly [3] - 11:24, 29:2,

98:26BRIEFLY [1] - 128:12brigade [2] - 89:11,

107:20Brigade [15] - 89:12,

91:13, 91:27, 91:28, 106:25, 107:23, 107:27, 107:30, 108:3, 108:9, 108:11, 109:30, 124:6, 136:2, 136:3

Brigadier [1] - 92:2bring [4] - 39:7, 69:11,

109:5, 123:27bringing [2] - 10:23,

29:21brings [1] - 103:13Brink's [1] - 142:11

Brink's-MAT [1] - 142:11British [2] - 134:30,

153:12broad [1] - 48:10broadcast [1] - 44:23broader [1] - 80:24brought [6] - 14:11,

62:18, 62:19, 93:29, 107:3, 154:10

Buchanan [36] - 55:6, 90:9, 90:18, 93:3, 93:13, 97:26, 98:7, 98:8, 98:12, 104:30, 106:27, 108:1, 108:20, 108:23, 109:19, 110:2, 111:8, 111:22, 115:8, 115:20, 125:19, 125:21, 125:22, 125:24, 127:1, 127:6, 129:5, 131:6, 134:12, 147:17, 147:20, 149:2, 149:14, 149:19, 151:6, 152:3

Buchanan's [4] - 91:25, 110:9, 111:16, 146:30

builder [1] - 33:21built [2] - 20:4, 140:7bullets [1] - 141:24Bureau [2] - 21:1, 49:26burial [1] - 146:2business [5] - 10:3,

11:13, 150:5, 153:2, 155:12

but.. [2] - 59:22, 105:28BY [20] - 1:5, 1:6, 1:7, 1:8,

1:9, 1:11, 1:12, 1:13, 1:14, 1:15, 2:1, 49:18, 57:6, 69:7, 77:12, 87:1, 128:14, 139:14, 148:28, 152:22

by.. [1] - 96:4

CC77 [1] - 52:16C77s [2] - 52:11, 52:20Callaghan [1] - 42:12caller [1] - 116:4campaign [1] - 5:14cancellation [1] - 130:26cannot [5] - 19:14, 26:16,

34:5, 45:27, 126:18capability [3] - 117:4,

134:3, 134:18capable [1] - 134:11capacity [7] - 50:11, 90:3,

117:3, 117:11, 133:13, 134:21, 150:8

car [51] - 7:5, 10:28, 28:23, 28:29, 28:30, 29:2, 29:3, 29:13, 35:29, 59:5, 59:25, 64:23, 65:2, 65:5, 65:11, 81:15, 98:4, 109:10, 109:12, 110:8, 113:20, 113:22, 113:23, 113:24, 114:15, 115:17, 115:22, 116:9, 117:2, 121:26, 121:29, 122:1,

Smithwick Tribunal - 8 September 2011 - Day 30

Doyle Court Reporters Ltd.

3

132:22, 132:27, 132:29, 134:19, 134:27, 139:3, 139:4, 140:21, 146:30, 147:18, 151:3, 152:4, 152:10

cared [1] - 150:1career [4] - 21:12, 24:24,

59:2, 87:10carefully [1] - 52:20carelessness [1] - 149:16Carlingford [1] - 45:24carried [6] - 20:30, 45:8,

47:22, 74:18, 111:23, 115:28

carry [7] - 11:12, 42:24, 79:23, 82:12, 111:21, 113:16, 114:10

carrying [2] - 78:18, 115:9

cars [24] - 6:30, 7:13, 7:14, 7:20, 9:15, 9:18, 10:1, 10:27, 34:11, 37:3, 37:18, 63:2, 63:6, 63:8, 80:29, 121:22, 121:27, 132:3, 134:7, 138:15, 147:9, 152:11

Carty [2] - 71:6, 77:23case [31] - 2:18, 4:1, 5:29,

8:24, 10:22, 17:29, 18:4, 25:1, 36:11, 37:9, 37:26, 44:14, 50:16, 52:30, 55:10, 59:17, 61:8, 61:9, 64:9, 74:28, 80:29, 96:16, 111:3, 114:22, 137:13, 139:19, 144:24, 145:14, 145:23, 153:9

cases [5] - 26:13, 38:11, 39:1, 101:29, 114:24

Castle [4] - 93:14, 96:10, 96:27, 99:21

casual [1] - 34:22casualties [1] - 142:9catch [2] - 63:18, 100:15category [2] - 44:3, 44:4causing [1] - 100:26caution [1] - 38:5cautious [1] - 5:8Cavan [4] - 25:21, 64:26,

64:27, 65:3ceasing [1] - 52:29censure [2] - 21:22, 24:8central [1] - 60:26centre [1] - 18:14ceremony [5] - 25:22,

26:2, 26:8, 64:24, 65:4certain [13] - 4:1, 13:20,

22:14, 35:17, 65:15, 78:5, 81:12, 95:9, 95:10, 99:4, 113:22, 146:12, 149:12

certainly [33] - 2:25, 3:7, 5:1, 11:15, 21:27, 23:3, 57:19, 71:26, 74:6, 86:15, 92:20, 96:9, 114:13, 114:20, 117:28, 118:16, 119:19, 119:23, 121:19, 123:13, 125:25,

126:8, 130:8, 131:17, 132:3, 134:14, 134:21, 137:12, 139:25, 142:28, 143:29, 148:26, 152:2

certificate [2] - 26:19, 53:29

certificates [3] - 37:13, 39:8, 68:8

certified [3] - 68:22, 124:26, 153:30

cetera [1] - 97:5chain [1] - 52:1Chairman [63] - 1:4, 2:5,

2:30, 4:7, 5:1, 7:2, 9:25, 11:9, 12:18, 13:16, 18:22, 18:26, 19:20, 19:25, 21:9, 31:9, 32:8, 40:20, 69:9, 77:3, 77:7, 77:15, 78:14, 80:2, 84:6, 84:11, 84:21, 85:18, 85:26, 86:4, 87:10, 87:11, 93:26, 99:15, 99:16, 99:18, 99:24, 100:8, 101:4, 101:11, 107:8, 108:21, 108:25, 110:19, 112:1, 113:15, 115:13, 122:10, 124:24, 125:13, 125:28, 128:20, 134:22, 139:7, 139:17, 141:27, 148:20, 148:22, 149:18, 152:18, 154:1, 154:18, 155:13

CHAIRMAN [37] - 1:9, 41:3, 41:17, 42:2, 77:5, 77:9, 81:19, 82:23, 83:2, 84:3, 84:8, 84:13, 84:23, 84:30, 85:7, 85:14, 85:21, 85:29, 86:9, 86:15, 86:19, 107:11, 110:24, 127:16, 127:25, 127:30, 128:4, 128:9, 128:17, 128:22, 148:12, 148:18, 148:26, 152:20, 155:8, 155:15, 156:3

challenged [1] - 10:2chance [3] - 47:4, 47:19,

133:11change [2] - 31:29,

147:18changed [9] - 2:16,

35:10, 39:18, 57:30, 116:7, 122:1, 142:21, 147:13, 147:14

changes [1] - 142:25channels [1] - 90:24character [4] - 61:17,

137:18, 137:19, 149:1characteristics [1] -

149:1charge [8] - 7:26, 17:6,

35:14, 36:10, 51:25, 91:30, 118:12, 133:18

Charge [2] - 20:14, 21:14charged [1] - 66:17charges [2] - 16:25, 27:26charm [1] - 144:18chat [1] - 148:4

check [3] - 72:16, 133:4, 133:9

check-points [2] - 133:4, 133:9

chief [2] - 108:29, 154:22Chief [99] - 2:14, 8:18,

15:15, 15:17, 21:16, 42:30, 49:29, 49:30, 51:8, 51:22, 52:3, 52:16, 52:25, 55:5, 55:6, 56:4, 56:19, 80:4, 87:21, 87:27, 87:28, 88:25, 89:6, 89:16, 90:25, 90:26, 92:3, 93:12, 94:21, 94:23, 95:3, 95:29, 96:1, 96:16, 96:23, 97:4, 97:6, 97:7, 97:8, 98:19, 99:20, 100:3, 101:3, 101:24, 101:28, 102:1, 102:16, 103:5, 103:10, 104:17, 105:18, 105:22, 106:1, 106:24, 107:14, 107:24, 108:15, 108:19, 108:25, 108:26, 109:3, 110:1, 110:27, 110:29, 111:4, 111:29, 115:19, 115:21, 115:24, 116:21, 117:8, 123:18, 124:4, 124:6, 124:14, 124:26, 124:28, 125:6, 129:4, 131:5, 131:19, 133:27, 135:5, 135:14, 136:24, 137:3, 138:4, 142:16, 143:6, 143:14, 144:26, 144:30, 145:4, 145:6, 145:17, 153:2, 154:23

Chinook [1] - 136:13choice [2] - 19:6, 101:1choose [1] - 34:28chose [4] - 45:4, 52:5,

147:22, 149:19chosen [1] - 45:30Christian [1] - 146:2cinema [1] - 33:21cipher [1] - 87:5circa [1] - 132:11circumspect [1] - 119:28circumspection [2] -

119:18, 119:22circumstances [20] -

17:27, 18:17, 20:3, 31:1, 48:8, 55:18, 60:13, 65:7, 65:9, 70:29, 73:21, 79:25, 82:27, 88:5, 89:7, 109:7, 127:8, 138:12, 141:12, 152:7

civilian [3] - 62:28, 76:13, 120:17

civilians [3] - 10:8, 71:20, 92:12

claim [4] - 85:4, 152:29, 153:5

claimed [1] - 152:28claims [1] - 153:10clarify [3] - 128:30, 154:2,

154:5

clarity [1] - 116:19clear [15] - 10:13, 11:5,

16:13, 26:29, 31:21, 42:15, 42:26, 49:1, 71:30, 80:15, 80:16, 85:19, 91:18, 96:25, 121:2

clearance [2] - 113:11, 113:13

cleared [3] - 11:15, 84:8, 111:12

clearly [3] - 14:10, 21:27, 49:5

clergy [1] - 145:29client [6] - 41:4, 41:14,

41:17, 41:20, 60:7, 81:13

clock [1] - 117:5close [5] - 28:3, 124:13,

125:25, 126:10, 146:15closed [1] - 149:26closely [1] - 90:15closest [1] - 146:14clothes [1] - 88:28cloud [4] - 3:2, 3:3, 3:6,

3:7Club [1] - 28:10co [5] - 91:12, 121:15,

136:2, 139:20, 139:29co-located [2] - 91:12,

136:2co-operate [1] - 121:15co-operating [1] - 139:29co-operation [1] - 139:20coal [1] - 113:7code [3] - 138:26, 138:27,

138:30coded [1] - 113:4COFFEY [3] - 69:5,

148:14, 148:20COG [1] - 97:7coincidence [1] - 124:21coincidentally [1] -

102:11colleague [4] - 9:10,

64:24, 135:14, 146:14colleagues [7] - 2:26,

24:30, 28:4, 124:11, 125:25, 145:20, 148:3

colluding [1] - 61:3collusion [2] - 44:11,

48:21colonels [1] - 103:17colour [2] - 113:23, 120:7coloured [1] - 120:10Colton [3] - 3:9, 3:11,

3:12combination [2] - 89:18,

153:11combined [1] - 88:27comfortable [1] - 144:17coming [8] - 11:24,

58:29, 59:1, 75:24, 108:13, 119:9, 155:16, 155:23

command [16] - 52:1, 90:1, 90:2, 91:19, 97:11, 109:26, 109:27,

111:1, 113:16, 123:13, 123:18, 123:20, 129:16, 136:7, 142:25

commanded [1] - 92:2Commander [2] - 87:26,

94:26commander [11] - 92:29,

92:30, 101:25, 105:14, 109:16, 109:21, 123:10, 139:27, 142:18, 145:26

commanders [4] - 90:16, 94:1, 136:3, 149:11

commanding [2] - 142:15, 153:15

Commanding [2] - 101:18, 144:27

commemorate [1] - 26:2commemoration [1] -

25:20commenced [3] - 54:2,

58:15, 97:20commencing [1] - 117:7commended [2] - 21:4,

21:5comment [5] - 125:4,

147:20, 147:23, 149:21, 149:24

commented [1] - 55:25comments [2] - 23:29,

33:8Commission [1] - 21:6Commissioner [26] -

7:23, 8:2, 8:4, 15:27, 15:29, 15:30, 16:13, 23:4, 23:21, 25:9, 25:11, 25:13, 27:11, 32:7, 47:29, 48:4, 49:3, 53:11, 54:23, 54:25, 64:15, 65:26, 69:12, 69:21, 78:16

Commissioner's [1] - 77:17

Commissioners [1] - 50:7

committed [3] - 81:28, 81:29, 135:21

committee [2] - 44:9committing [2] - 63:19,

79:3common [2] - 67:13,

67:16Commons [2] - 43:15,

43:18communicate [1] - 25:10communicates [1] - 28:3communicating [1] -

112:12communication [5] -

139:22, 139:26, 139:27, 142:17, 150:12

communications [2] - 132:4, 151:25

company [2] - 33:21, 55:29

Company [1] - 86:12competent [1] - 147:21compile [2] - 71:11, 72:4compiled [3] - 71:4,

Smithwick Tribunal - 8 September 2011 - Day 30

Doyle Court Reporters Ltd.

4

71:28, 72:25complacency [1] - 45:16complaint [8] - 61:28,

61:29, 63:15, 64:28, 64:29, 65:14, 65:19, 65:25

complaints [7] - 2:17, 14:23, 22:4, 57:29, 58:1, 58:6, 64:22

complete [1] - 4:11completed [3] - 96:17,

96:23, 109:14completely [1] - 91:24completing [1] - 96:13complex [2] - 94:11,

100:7complied [1] - 101:4comply [2] - 101:1,

102:23composition [1] - 27:16compromised [5] - 56:14,

56:18, 56:23, 82:17, 120:27

Computer [1] - 87:24conceivable [1] - 109:3concentrating [1] -

121:26concept [1] - 17:21concepts [1] - 44:27concern [19] - 6:1, 25:4,

27:5, 40:5, 40:7, 40:10, 42:7, 42:19, 55:11, 79:14, 79:18, 117:19, 119:5, 122:28, 124:30, 125:21, 126:15, 146:17, 146:20

concerned [10] - 13:18, 26:22, 39:5, 42:20, 72:6, 80:19, 81:11, 112:8, 121:21, 150:1

concerning [7] - 6:7, 17:26, 23:21, 23:26, 24:1, 33:16, 119:8

concerns [8] - 16:14, 18:23, 55:26, 62:5, 62:25, 117:27, 146:24

concessions [1] - 13:22conclude [3] - 15:5,

28:28, 134:29concluded [7] - 38:20,

59:8, 59:19, 59:21, 60:22, 82:9, 155:8

concludes [2] - 38:23, 155:12

conclusion [11] - 38:24, 49:1, 55:29, 56:1, 60:28, 66:11, 74:10, 74:13, 76:17, 76:21, 76:23

concrete [1] - 114:27concur [1] - 137:14condition [4] - 26:22,

26:27, 31:2, 152:1conditions [3] - 140:20,

140:24, 151:24conduct [9] - 13:28, 24:9,

32:19, 34:1, 34:13, 38:17, 99:28, 129:24,

150:4conducted [2] - 57:18,

57:19Conference [8] - 106:25,

107:23, 107:27, 107:30, 108:3, 108:9, 108:11, 109:30

confide [1] - 126:9confident [1] - 149:21confidential [1] - 33:15confined [1] - 123:3confirm [6] - 20:18, 87:5,

95:25, 96:5, 111:10, 141:21

confirms [1] - 97:16confirms.. [1] - 123:29conflict [1] - 34:26connect [1] - 134:17connected [3] - 95:20,

121:11, 152:11connection [6] - 16:4,

25:19, 48:22, 74:30, 75:2, 75:4

connections [1] - 74:23Connolly [13] - 2:27,

6:18, 6:20, 7:11, 8:10, 8:14, 22:30, 23:24, 35:27, 78:17, 78:29, 79:7, 79:11

Connolly's [3] - 15:4, 16:11, 44:16

consequence [1] - 38:26consequences [2] - 7:19,

9:21consider [2] - 42:13,

125:4considerable [2] - 10:10,

25:5considerably [1] - 155:24consideration [10] - 14:2,

19:8, 31:3, 49:13, 70:10, 70:15, 70:22, 73:25, 74:21, 74:27

considerations [1] - 80:26

considered [8] - 13:29, 15:12, 30:27, 31:6, 31:15, 31:16, 90:21, 113:12

consisted [1] - 89:13consistent [1] - 111:20constable [1] - 87:13Constable [35] - 87:28,

88:25, 89:7, 89:17, 90:25, 90:26, 92:4, 94:23, 95:3, 97:8, 98:19, 100:3, 101:3, 101:24, 101:28, 102:1, 102:16, 103:5, 103:10, 107:24, 110:28, 110:29, 124:4, 124:6, 124:26, 125:6, 136:24, 138:4, 143:6, 143:14, 144:27, 145:1, 145:4, 145:6

Constable's [1] - 97:5constituted [1] - 27:19construct [1] - 61:9constructed [1] - 150:15

construed [1] - 17:3consult [1] - 90:3consultation [1] - 89:16consulted [1] - 118:13contact [18] - 35:18,

74:20, 76:23, 92:6, 118:8, 119:4, 119:7, 123:6, 123:11, 124:18, 125:1, 125:9, 137:29, 139:28, 140:30, 141:13, 142:2, 153:26

contacted [8] - 33:20, 44:16, 71:19, 71:30, 138:25, 141:18, 143:16, 145:18

contacting [1] - 129:23contacts [7] - 10:4,

11:30, 13:10, 13:13, 24:20, 76:12, 112:26

contained [2] - 116:20, 116:21

context [8] - 34:16, 60:26, 77:17, 79:1, 79:7, 137:11, 138:17, 140:24

continue [4] - 15:7, 42:3, 54:7, 144:16

continued [1] - 18:7CONTINUED [1] - 84:1continuously [1] - 114:10contrary [5] - 42:14,

105:10, 113:6, 129:19, 137:29

control [2] - 34:29, 42:29Control [4] - 29:4, 131:8,

131:10, 131:18controlled [1] - 11:16controversial [1] - 154:21conversant [1] - 104:7conversation [8] - 73:18,

94:6, 94:8, 107:16, 108:17, 109:24, 124:19, 154:24

conversations [2] - 94:5, 112:20

convey [1] - 19:29conveying [1] - 6:10convict [1] - 126:18convicted [1] - 66:8convince [2] - 30:2, 64:6convinced [2] - 34:24,

47:16convincing [4] - 29:25,

30:3, 64:3, 64:12cooperation [7] - 88:6,

104:2, 117:30, 118:6, 118:18, 118:23, 142:12

coordinate [1] - 90:3coordinated [2] - 100:10,

136:3copies [1] - 8:9copy [10] - 19:29, 23:3,

52:16, 95:16, 101:16, 106:19, 120:4, 120:8, 120:9, 120:10

Cork [2] - 14:18, 24:27correct [99] - 5:22, 7:25,

17:17, 18:26, 21:25,

24:2, 50:18, 50:30, 54:8, 54:10, 54:19, 54:24, 54:29, 57:12, 57:24, 58:7, 58:8, 58:9, 59:5, 60:16, 60:18, 61:5, 61:26, 61:27, 61:30, 62:23, 62:24, 63:6, 63:12, 63:17, 64:17, 64:18, 64:21, 67:5, 68:8, 71:4, 74:24, 77:14, 84:6, 84:11, 88:2, 88:10, 88:17, 88:18, 88:22, 88:23, 89:25, 90:10, 93:16, 93:17, 95:6, 95:17, 96:11, 97:14, 101:26, 101:27, 102:2, 102:17, 102:18, 102:28, 111:6, 113:8, 114:2, 116:17, 117:9, 117:10, 121:30, 122:9, 122:10, 123:25, 123:26, 129:7, 133:12, 133:20, 133:25, 134:24, 135:6, 135:19, 135:29, 136:20, 136:29, 137:28, 138:12, 139:10, 139:22, 140:11, 140:14, 140:26, 141:30, 142:4, 143:3, 143:4, 144:6, 147:1, 147:5, 150:5, 150:14, 151:4, 154:6

correction [1] - 114:4correctly [2] - 50:21,

130:13correspondence [12] -

12:19, 23:5, 23:7, 23:18, 25:12, 31:26, 33:26, 62:20, 65:28, 66:3, 80:15, 97:5

corresponding [2] - 27:2, 87:6

Corrigan [155] - 2:21, 2:22, 3:29, 4:19, 4:28, 5:10, 5:29, 6:10, 6:24, 7:2, 7:22, 8:20, 9:28, 9:30, 10:5, 11:20, 12:9, 12:12, 12:13, 12:15, 13:17, 14:19, 14:21, 14:29, 16:6, 16:14, 17:3, 18:1, 18:4, 18:25, 18:28, 19:21, 19:22, 19:27, 19:30, 21:11, 22:15, 23:15, 24:1, 24:11, 24:23, 25:7, 25:17, 27:5, 27:6, 27:9, 27:24, 27:30, 28:7, 28:11, 29:8, 29:17, 29:29, 30:25, 32:16, 33:16, 35:15, 35:24, 37:10, 37:20, 39:6, 39:20, 40:24, 40:28, 41:1, 41:7, 42:11, 42:13, 42:20, 42:25, 43:9, 43:26, 44:8, 51:17, 54:30, 58:14, 59:3, 59:14, 60:1, 60:25, 61:10, 61:21, 61:25, 62:8, 63:5, 63:25, 64:5, 64:11,

64:16, 64:20, 64:22, 64:29, 65:17, 65:20, 66:4, 66:13, 68:21, 68:28, 75:8, 75:14, 75:19, 75:25, 77:1, 80:17, 82:7, 82:13, 82:17, 118:20, 119:4, 119:12, 119:17, 119:30, 120:21, 120:23, 120:27, 121:4, 121:12, 121:17, 121:21, 123:7, 123:19, 123:24, 124:8, 124:12, 124:16, 124:21, 125:1, 125:27, 126:26, 136:17, 136:27, 136:29, 137:4, 137:7, 137:15, 137:28, 137:29, 139:19, 139:29, 140:9, 140:16, 141:6, 141:10, 141:22, 142:3, 142:13, 142:26, 143:2, 143:11, 143:12, 143:15, 143:17, 154:8, 154:10, 154:14

Corrigan's [22] - 4:2, 4:8, 13:20, 21:12, 23:18, 24:7, 24:18, 25:14, 26:23, 33:28, 40:2, 41:10, 43:5, 51:1, 51:14, 54:25, 58:19, 59:23, 62:25, 75:21, 80:13, 142:20

Cory [1] - 45:19counsel [1] - 81:12counted [1] - 95:22counter [1] - 133:22counter-surveillance [1]

- 133:22counterpart [1] - 151:27counterparts [1] - 150:16counties [1] - 20:23country [4] - 22:5,

126:17, 126:18, 151:20County [2] - 25:21, 65:3couple [2] - 99:25, 128:30course [33] - 4:5, 12:14,

17:7, 18:10, 20:26, 24:15, 33:14, 46:25, 49:14, 51:4, 51:12, 51:27, 56:12, 60:1, 60:24, 61:7, 64:10, 68:4, 78:17, 86:13, 93:10, 94:7, 98:12, 99:10, 118:26, 128:22, 130:20, 131:2, 131:7, 140:10, 143:9, 151:14, 156:1

Court [4] - 21:3, 38:12, 84:8, 85:19

court [1] - 21:5courtroom [1] - 85:22courts [2] - 53:17, 124:4cover [3] - 10:29, 45:23,

139:2covering [2] - 45:20, 60:6crash [1] - 136:13Crawford [4] - 86:7, 86:9,

148:18, 155:28CRAWFORD [2] - 86:11,

Smithwick Tribunal - 8 September 2011 - Day 30

Doyle Court Reporters Ltd.

5

86:17create [1] - 150:30created [4] - 66:3, 89:7,

89:8, 90:11creator [1] - 90:22credence [2] - 44:5,

126:19credible [6] - 113:29,

114:5, 147:26, 147:28, 147:29

crime [8] - 28:15, 28:17, 35:21, 66:25, 79:4, 102:6, 118:6, 139:23

Crime [18] - 7:26, 7:27, 8:1, 8:4, 15:10, 15:20, 15:22, 23:5, 27:3, 31:26, 49:30, 50:26, 50:27, 51:2, 52:6, 69:23, 102:17, 122:17

Criminal [1] - 21:3criminal [5] - 61:20,

61:29, 62:13, 63:20, 79:5

criss [1] - 135:25criss-crossed [1] -

135:25critical [1] - 48:24criticism [2] - 52:19,

64:11cross [16] - 40:30, 47:15,

69:24, 72:15, 81:7, 81:10, 88:29, 105:8, 117:30, 122:12, 122:14, 129:12, 129:14, 129:17, 149:25, 154:20

CROSS [12] - 1:6, 1:7, 1:8, 1:12, 1:13, 1:14, 49:18, 57:6, 69:7, 128:14, 139:14, 148:28

cross-border [4] - 69:24, 117:30, 122:12, 122:14

cross-examination [2] - 40:30, 154:20

cross-examine [1] - 81:10

CROSS-EXAMINED [12] - 1:6, 1:7, 1:8, 1:12, 1:13, 1:14, 49:18, 57:6, 69:7, 128:14, 139:14, 148:28

cross-examining [1] - 81:7

cross-reference [1] - 72:15

crossed [8] - 47:10, 93:1, 93:3, 117:24, 135:25, 140:18, 149:24, 150:1

crossing [8] - 45:28, 48:17, 92:26, 93:7, 115:5, 115:15, 129:22, 131:28

Crushley [2] - 102:20, 143:13

Crutchly [1] - 95:3Culhane [6] - 2:29, 7:12,

9:11, 44:16, 44:20, 62:21

culminating [1] - 4:2cultivated [1] - 24:14

cup [1] - 97:29curiosity [1] - 28:27Curran [3] - 125:14,

125:18, 126:9current [2] - 20:15, 20:28Customs [1] - 100:11customs [3] - 97:12,

106:24, 136:9

Dd'être [1] - 92:24daily [5] - 90:13, 91:6,

92:5, 92:30, 122:13damage [2] - 7:1, 7:4Dan [1] - 5:21danger [1] - 141:6dangerous [7] - 20:25,

117:25, 120:24, 122:5, 143:30, 144:2, 145:13

dark [1] - 137:13data [1] - 135:1date [14] - 6:25, 19:19,

20:12, 27:13, 31:11, 37:7, 37:9, 53:1, 53:3, 77:19, 95:8, 131:25, 133:27

dated [9] - 8:19, 15:27, 27:1, 31:22, 35:12, 62:4, 102:9, 102:21, 143:1

dates [4] - 32:17, 35:18, 96:14, 96:21

dating [1] - 137:16David [2] - 102:20, 107:1DAY [1] - 156:8day-to-day [3] - 12:30,

91:5, 104:7days [6] - 33:14, 96:14,

132:2, 146:11, 155:2, 155:3

dead [2] - 110:5, 132:21deadly [1] - 134:5deal [22] - 2:7, 2:16, 2:20,

4:5, 5:8, 5:27, 14:28, 15:13, 17:28, 18:15, 23:19, 25:6, 30:20, 37:11, 39:4, 40:29, 58:5, 75:14, 85:8, 108:10, 114:16, 131:16

dealing [13] - 7:29, 23:13, 31:30, 37:17, 47:19, 48:16, 51:15, 84:27, 101:29, 105:1, 105:16, 119:26, 153:25

dealings [18] - 3:11, 3:16, 3:17, 3:21, 4:18, 4:30, 11:11, 11:14, 12:12, 14:19, 14:21, 16:1, 61:19, 82:18, 117:11, 117:15, 117:16, 120:14

deals [1] - 4:7dealt [9] - 15:29, 29:25,

42:9, 50:4, 50:16, 52:18, 69:23, 117:6, 155:29

death [1] - 146:27deaths [2] - 93:12, 110:1

debt [1] - 155:23deceased [6] - 95:6, 95:7,

118:14, 124:28, 135:5, 136:11

December [2] - 36:29, 53:2

decent [1] - 146:1decide [3] - 16:25, 17:5,

130:20decided [7] - 32:4, 37:21,

54:25, 89:11, 116:14, 129:30, 130:9

decides [1] - 67:2decision [11] - 14:3,

15:22, 18:29, 19:10, 22:24, 28:21, 32:3, 37:23, 84:18, 130:21, 144:21

declare [1] - 114:30declined [1] - 33:23dedicated [2] - 21:18,

140:22deducted [1] - 36:3deduction [1] - 54:17deeply [1] - 99:23defend [1] - 58:11defer [1] - 127:22definitely [1] - 67:11definitive [1] - 112:18degree [6] - 45:17,

119:17, 122:27, 140:3, 149:21, 150:26

delay [2] - 38:13, 53:26delicate [1] - 92:17delivered [1] - 131:17delivery [1] - 142:11demanded [2] - 140:5,

145:16denied [1] - 44:14denotes [1] - 152:29Department [2] - 27:21,

87:24departments [1] - 71:18departure [1] - 32:26deploying [1] - 100:25deployment [1] - 50:19depot [1] - 36:25depth [1] - 92:14Deputy [8] - 23:4, 25:9,

25:10, 25:13, 64:14, 65:26, 90:26, 91:1

deputy [6] - 87:27, 88:24, 89:20, 91:7, 92:22, 97:9

Dermot [1] - 49:22derogatory [1] - 143:15Derry [3] - 87:16, 89:23,

89:24describe [2] - 78:25,

133:1described [4] - 85:3,

94:10, 119:20, 129:21desirability [1] - 33:16desk [2] - 110:3, 131:3despite [3] - 43:26,

100:29, 137:26destinations [1] - 31:25destruction [1] - 146:5

detail [6] - 6:29, 20:11, 53:6, 60:4, 94:13, 134:22

detailed [2] - 104:24, 153:24

details [3] - 20:6, 26:15, 99:13

detected [2] - 76:6, 144:6Detective [109] - 2:27,

4:3, 4:23, 4:24, 5:11, 5:15, 5:18, 5:19, 5:20, 7:2, 7:11, 7:13, 7:18, 7:21, 7:30, 8:10, 9:16, 9:27, 9:28, 9:30, 11:22, 11:23, 11:24, 13:26, 14:1, 14:3, 14:29, 15:3, 15:17, 15:19, 16:6, 16:11, 18:28, 18:29, 19:1, 19:2, 20:13, 20:14, 20:27, 21:14, 22:29, 23:15, 23:23, 25:15, 28:11, 28:12, 28:17, 29:9, 32:11, 32:12, 33:29, 34:19, 34:30, 42:10, 42:25, 44:2, 44:21, 49:24, 50:28, 51:24, 51:26, 52:2, 52:25, 56:22, 56:30, 65:16, 65:20, 66:4, 66:12, 66:24, 75:3, 75:14, 77:23, 87:19, 87:21, 88:11, 111:29, 117:8, 118:12, 118:17, 118:20, 119:4, 119:12, 121:4, 121:12, 121:17, 123:7, 123:23, 124:8, 124:12, 124:14, 124:20, 125:18, 125:27, 126:25, 135:5, 135:14, 136:16, 137:3, 139:18, 143:10, 143:12, 143:27, 154:8, 154:13

detective [18] - 5:12, 11:26, 17:27, 18:5, 18:7, 24:11, 31:27, 31:28, 42:25, 56:6, 75:3, 115:14, 118:13, 124:13, 139:23, 139:25, 139:28, 142:22

detectives [4] - 4:25, 5:16, 51:25, 52:14

determine [2] - 60:20, 130:11

determined [2] - 67:4, 67:6

determines [2] - 66:27, 66:30

detrimentally [1] - 20:6develop [1] - 150:15developed [1] - 118:18developing [2] - 27:4,

118:22devices [2] - 13:12, 45:1di [1] - 124:30dialogue [5] - 90:12,

118:6, 137:4, 140:7, 142:8

diaries [2] - 138:4, 153:16

Diarmuid [2] - 128:24, 128:27

diary [26] - 93:4, 95:11, 95:13, 95:30, 96:2, 96:29, 97:1, 99:2, 106:15, 106:16, 107:14, 110:12, 110:13, 115:21, 115:23, 115:24, 115:26, 115:27, 115:30, 116:21, 116:22, 120:1, 120:2, 120:3, 153:4

die [1] - 149:19died [1] - 96:18difference [1] - 60:10different [10] - 38:8,

47:27, 56:9, 60:7, 98:24, 114:26, 115:9, 115:15, 137:27

differentiates [1] - 60:1difficult [9] - 13:30,

14:14, 18:11, 21:20, 22:15, 95:25, 140:19, 141:8, 155:21

difficulties [1] - 20:26digress [1] - 93:7DILLON [17] - 1:5, 1:9,

1:4, 1:17, 2:1, 2:4, 42:5, 49:16, 77:7, 77:12, 77:14, 81:26, 82:21, 84:27, 85:2, 85:11, 85:16

Dillon [16] - 40:23, 41:12, 42:3, 50:25, 54:2, 54:6, 55:3, 59:11, 61:2, 61:8, 61:15, 70:4, 70:9, 81:7, 81:9, 81:20

Dillon's [1] - 40:27dimension [1] - 81:26dinner [18] - 93:26, 93:27,

94:7, 94:14, 95:8, 95:17, 95:26, 95:27, 99:21, 102:11, 102:12, 102:26, 102:28, 103:7, 103:21, 144:10, 144:20, 144:23

direct [9] - 7:3, 62:22, 68:2, 72:3, 91:5, 91:16, 125:9, 139:26, 141:28

directed [19] - 19:18, 23:5, 23:7, 26:13, 27:9, 28:28, 31:23, 38:14, 56:9, 65:23, 89:15, 89:18, 98:5, 98:18, 98:20, 99:27, 103:11, 145:5, 145:9

directing [1] - 144:1direction [9] - 99:23,

99:25, 100:2, 101:6, 101:30, 102:27, 104:17, 104:21, 105:10

directions [3] - 48:18, 91:6, 102:12

directive [2] - 7:17, 9:20directly [14] - 6:11, 6:15,

7:5, 50:9, 51:22, 52:4, 52:6, 52:10, 52:15, 92:20, 105:16, 110:29, 111:1, 122:19

Smithwick Tribunal - 8 September 2011 - Day 30

Doyle Court Reporters Ltd.

6

directory [4] - 116:6, 116:27, 134:21, 134:23

disappointed [1] - 99:23disbelieve [1] - 148:8discarded [1] - 126:21disciplinary [35] - 16:17,

16:19, 17:4, 30:24, 34:24, 35:23, 36:5, 41:25, 54:3, 54:6, 54:9, 54:20, 54:22, 54:28, 57:11, 57:15, 57:23, 58:8, 58:16, 58:19, 58:22, 59:15, 59:24, 59:27, 60:3, 60:4, 60:9, 60:10, 61:28, 66:27, 67:5, 67:6, 68:17, 81:29, 82:7

discipline [26] - 2:17, 13:29, 22:19, 27:23, 34:26, 35:15, 38:1, 40:15, 50:11, 50:16, 50:17, 51:6, 51:10, 51:12, 51:16, 58:23, 59:3, 59:8, 59:20, 60:15, 60:21, 66:18, 66:28, 81:13, 81:14, 81:15

Discipline [6] - 15:2, 16:9, 17:8, 29:21, 35:14, 50:22

disciplined [1] - 153:12discipling [1] - 38:29disclose [2] - 45:3, 92:18disclosed [1] - 15:3discretionary [2] - 92:9,

92:15discriminate [1] - 141:24discuss [9] - 17:2, 18:1,

70:1, 70:15, 70:22, 76:21, 94:19, 136:6, 153:6

discussed [15] - 16:4, 16:6, 73:27, 73:30, 76:30, 93:1, 94:13, 104:6, 105:24, 130:7, 130:8, 144:29, 146:15, 150:20, 150:21

discussing [4] - 57:1, 98:4, 99:30, 143:22

discussion [8] - 73:8, 105:3, 105:12, 105:21, 108:18, 109:18, 124:11, 144:25

discussions [4] - 73:14, 99:11, 106:7, 137:1

dishonest [1] - 81:2dishonesty [3] - 81:2,

81:4, 81:14dismissal [2] - 38:3,

54:12disorder [1] - 145:28dispatch [1] - 132:15dispatching [1] - 132:13dispute [3] - 20:20,

71:24, 98:22distance [2] - 19:8,

147:11distributing [1] - 131:12

District [1] - 21:6district [2] - 44:26,

151:17Division [5] - 90:28,

97:11, 105:15, 111:5division [13] - 15:19,

21:1, 26:10, 31:20, 32:15, 44:26, 50:29, 53:10, 79:22, 90:28, 105:15, 136:5, 151:18

divisional [3] - 89:27, 101:25, 139:27

Divisional [1] - 21:6divisions [1] - 89:30doctor [3] - 26:19, 68:21,

68:29document [20] - 6:22,

18:27, 18:28, 19:20, 19:28, 23:2, 27:1, 30:23, 31:21, 35:11, 35:12, 35:13, 101:7, 101:10, 101:13, 103:1, 103:22, 144:24, 145:2

documented [1] - 140:11documents [4] - 8:9,

19:26, 52:27, 66:16Doggett [2] - 84:28, 85:11domiciled [1] - 88:4Donaldson [1] - 43:14done [16] - 4:21, 11:3,

11:6, 38:18, 39:6, 39:11, 43:14, 44:19, 51:29, 53:15, 53:25, 59:17, 105:26, 132:25, 136:7, 152:7

door [1] - 155:9doubt [8] - 6:13, 24:13,

26:26, 33:28, 133:21, 133:26, 134:11, 134:14

doubtful [1] - 11:29doubts [1] - 121:16Down [1] - 89:22down [18] - 11:27, 24:26,

28:7, 31:20, 35:5, 45:26, 104:11, 110:7, 110:17, 114:20, 114:24, 131:15, 139:4, 145:21, 146:3, 146:6, 146:7, 146:12

Downey [1] - 32:13drafted [1] - 127:2dragged [1] - 39:1dramatic [2] - 119:13,

142:28draw [2] - 75:28, 152:2drawn [2] - 55:30, 60:28dried [1] - 13:17drifted [1] - 45:13drive [6] - 114:24, 132:14,

145:29, 147:15driveway [2] - 98:3,

146:16driving [3] - 140:21,

146:26, 149:13Drogheda [28] - 8:19,

11:23, 21:16, 24:4, 24:26, 31:5, 31:10, 31:17, 31:19, 32:16,

32:17, 32:21, 32:24, 32:28, 33:5, 33:6, 33:10, 33:17, 33:20, 33:21, 33:29, 34:19, 34:27, 35:1, 63:29, 80:5

Dromad [4] - 28:10, 91:11, 91:18, 91:29

drove [9] - 98:2, 118:11, 120:28, 120:30, 122:2, 146:3, 146:4, 147:6, 147:8

Dublin [6] - 15:10, 19:8, 31:5, 31:17, 45:6, 64:26

due [5] - 4:5, 53:1, 86:13, 93:10, 140:29

Dundalk [101] - 2:7, 2:10, 2:12, 2:18, 2:28, 3:1, 3:3, 3:8, 4:2, 4:17, 4:25, 4:28, 5:11, 5:15, 5:29, 7:14, 8:10, 9:15, 9:16, 10:8, 11:23, 11:25, 14:2, 18:30, 20:11, 20:13, 20:23, 20:24, 23:14, 23:15, 23:23, 24:4, 25:20, 26:15, 29:8, 32:12, 32:26, 32:29, 34:7, 34:9, 34:29, 35:2, 35:19, 37:25, 39:25, 39:28, 41:11, 43:1, 44:2, 44:22, 46:23, 47:29, 48:9, 48:15, 49:4, 49:24, 51:8, 51:25, 55:8, 56:19, 65:3, 65:6, 65:16, 65:25, 66:24, 67:14, 67:24, 73:24, 75:3, 75:10, 80:7, 80:17, 105:13, 105:19, 106:2, 107:20, 108:24, 108:28, 117:20, 118:7, 118:11, 119:10, 120:15, 120:19, 120:20, 120:23, 120:25, 121:8, 122:16, 123:18, 124:8, 126:15, 126:26, 139:20, 140:21, 142:15, 142:19, 143:2, 146:12, 154:27

Durack [4] - 1:13, 84:23, 127:22, 128:18

DURACK [2] - 1:15, 84:25during [28] - 1:11, 6:16,

20:14, 20:16, 20:28, 21:20, 22:2, 29:12, 33:14, 46:21, 73:1, 73:3, 73:9, 73:10, 76:2, 87:25, 88:8, 88:10, 88:15, 89:20, 94:5, 117:19, 122:11, 123:5, 123:20, 133:14, 145:29, 146:22

dusted [1] - 38:18duties [22] - 2:6, 13:27,

17:27, 18:5, 18:7, 18:9, 28:2, 34:14, 35:17, 50:29, 51:14, 52:29, 82:12, 95:20, 97:6, 106:26, 115:4, 120:18, 124:5, 131:16, 147:22, 153:8

duty [32] - 9:17, 13:6, 20:25, 25:19, 28:12, 28:13, 28:23, 29:9, 29:10, 29:12, 29:14, 32:28, 54:4, 64:23, 66:19, 66:24, 68:10, 71:20, 72:3, 72:17, 78:2, 95:23, 97:3, 97:15, 106:22, 106:29, 124:3, 124:9, 124:27, 126:9, 131:15, 152:27

dwelled [1] - 74:4

EE) [1] - 102:4E4 [1] - 133:18early [8] - 2:29, 4:20,

5:14, 6:19, 87:25, 105:27, 112:6, 117:7

earn [2] - 40:16, 40:18easier [1] - 120:9easily [4] - 29:26, 46:22,

64:3, 146:30east [1] - 97:12East [8] - 89:29, 89:30,

97:26, 98:16, 99:7, 100:3, 101:2, 102:22

easy [1] - 63:18Edenappa [2] - 130:23,

130:28Edward [1] - 86:12effect [9] - 2:30, 13:28,

15:25, 19:10, 53:2, 53:13, 53:14, 54:14, 79:24

effective [2] - 38:6, 134:2effectively [10] - 28:7,

33:3, 38:27, 53:11, 67:8, 88:12, 102:15, 103:16, 111:4, 122:16

efficient [2] - 21:18, 117:3

effort [1] - 140:22efforts [1] - 21:19eight [3] - 47:9, 66:20,

134:28eight-hour [1] - 66:20either [16] - 28:29, 46:15,

52:7, 52:10, 52:14, 55:5, 79:21, 89:4, 91:2, 129:9, 129:11, 130:3, 132:4, 141:6, 143:23, 152:5

elaborate [6] - 10:6, 104:26, 112:1, 125:2, 143:21, 143:23

emanating [1] - 145:13embarrassment [1] -

33:30emphasis [1] - 2:23employment [3] - 17:26,

18:7, 54:9enable [1] - 55:17end [5] - 46:30, 59:2,

64:2, 95:20, 124:19energy [1] - 80:18enforced [1] - 54:16

engage [1] - 11:11engaged [5] - 10:9,

18:12, 63:4, 63:8, 139:4England [4] - 88:4,

116:16, 125:29, 125:30enhance [1] - 153:21enjoy [1] - 71:9enjoyed [1] - 21:16Enniskillen [1] - 87:12enormous [1] - 155:18ensure [2] - 58:3, 147:7enter [2] - 25:18, 32:28entire [10] - 44:1, 45:24,

47:21, 48:8, 70:29, 89:13, 90:4, 108:21, 131:10, 133:10

entirely [5] - 103:8, 111:22, 130:21, 147:23, 149:8

entities [1] - 91:21entitled [13] - 40:26,

43:24, 51:10, 58:10, 59:14, 60:18, 63:26, 64:5, 64:9, 66:4, 66:6, 67:13, 81:21

entity [1] - 67:2entries [3] - 106:16,

123:28, 153:24entry [20] - 93:25, 95:11,

95:13, 95:16, 95:24, 96:2, 96:29, 97:1, 106:15, 106:17, 106:18, 106:21, 107:14, 110:12, 120:1, 120:3, 120:4, 124:2, 143:7

environment [2] - 150:11, 152:1

envisaged [1] - 70:6equal [1] - 89:17equally [1] - 99:26equivalent [1] - 92:3era [1] - 132:2erroneously [1] - 53:21escort [4] - 151:6, 151:9,

151:11, 152:5escorted [4] - 45:7,

120:29, 121:29, 126:24especially [2] - 11:16,

13:30essence [1] - 15:9essentially [4] - 105:1,

105:15, 150:4, 152:3establish [5] - 61:17,

70:7, 73:21, 79:6, 116:28

established [4] - 36:7, 71:21, 79:19, 129:28

establishments [1] - 91:17

et [1] - 97:5etc [1] - 124:3evening [9] - 93:19,

93:21, 102:11, 102:26, 103:7, 103:14, 112:17, 116:3

event [9] - 18:16, 48:26, 73:21, 76:27, 94:24, 116:1, 137:26, 142:26,

Smithwick Tribunal - 8 September 2011 - Day 30

Doyle Court Reporters Ltd.

7

154:3event' [1] - 12:6events [21] - 4:7, 5:17,

34:11, 36:13, 43:22, 53:5, 69:16, 70:8, 70:18, 70:29, 79:6, 84:15, 93:12, 96:30, 99:20, 112:17, 115:18, 117:6, 140:25, 140:26

eventually [2] - 4:15, 8:7everyday [2] - 117:28,

149:18Evidence [1] - 132:20evidence [59] - 2:5, 2:30,

5:28, 6:21, 8:16, 16:1, 18:12, 21:2, 41:18, 42:8, 42:12, 42:17, 42:21, 44:8, 61:2, 61:16, 61:25, 62:22, 63:1, 63:24, 66:1, 66:2, 66:15, 67:16, 67:17, 67:18, 67:21, 67:22, 67:25, 70:11, 71:22, 73:26, 73:29, 75:6, 75:26, 77:30, 80:16, 84:19, 85:23, 90:17, 93:2, 98:21, 104:17, 108:25, 125:13, 130:22, 132:7, 132:19, 135:12, 141:26, 141:27, 141:28, 143:5, 144:6, 144:13, 147:26, 150:29, 155:9

ex [4] - 116:6, 116:26, 134:21, 134:23

ex-directory [3] - 116:6, 134:21, 134:23

exact [2] - 45:27, 122:19exactly [8] - 10:26, 23:13,

96:18, 98:23, 117:3, 133:26, 139:2, 146:8

exaggerated [1] - 57:27examination [5] - 40:30,

88:8, 152:24, 154:20, 154:22

examination-in-chief [1] - 154:22

examine [1] - 81:10EXAMINED [20] - 1:5, 1:6,

1:7, 1:8, 1:9, 1:11, 1:12, 1:13, 1:14, 1:15, 2:1, 49:18, 57:6, 69:7, 77:12, 87:1, 128:14, 139:14, 148:28, 152:22

examined [1] - 60:4examining [1] - 81:7example [9] - 13:5, 39:9,

39:14, 39:16, 89:28, 94:21, 151:2, 151:6, 152:5

excellent [1] - 21:16exceptionally [1] - 40:28exchange [2] - 118:18,

119:11exclude [2] - 52:4, 138:13excluded [2] - 55:25,

122:21excluding [2] - 138:22,

138:24

exclusion [1] - 122:20excuse [1] - 116:10execute [2] - 47:24, 47:26executed [2] - 47:17,

110:6execution [1] - 53:26executive [2] - 90:14,

144:4exhausted [1] - 53:6exigencies [1] - 92:19exist [1] - 101:13existed [2] - 62:20, 132:2exists [1] - 32:11expand [3] - 81:20, 125:3,

150:28expect [2] - 56:25, 69:26expected [10] - 28:27,

29:3, 51:24, 69:16, 69:20, 93:6, 129:14, 130:18, 149:19, 153:19

expecting [3] - 15:24, 78:14, 103:11

expeditious [1] - 38:9experience [3] - 13:20,

49:23, 137:26experienced [4] - 11:26,

24:11, 147:21, 149:5experiences [1] - 119:20explain [12] - 15:15,

27:15, 88:26, 89:6, 89:26, 90:7, 93:25, 94:14, 95:2, 119:18, 119:19, 153:6

explained [2] - 80:2, 80:24

explanation [3] - 22:22, 66:26, 96:15

exposed [1] - 41:25express [4] - 55:27,

124:30, 146:23expressed [9] - 18:24,

44:19, 55:11, 93:2, 99:30, 100:14, 125:21, 146:17, 146:20

extant [2] - 113:2, 113:8extended [1] - 11:18extent [5] - 11:19, 24:14,

26:24, 75:17, 118:3extra [2] - 81:26, 109:6extracted [1] - 129:11extracurricular [1] -

11:29extraditions [1] - 22:16extremely [6] - 21:18,

100:9, 125:25, 142:8, 149:5, 149:6

extremes [1] - 141:11eye [1] - 149:26

Fface [17] - 104:12, 105:2,

105:6, 105:9, 113:7, 140:2, 150:11, 150:12, 150:22

face-to-face [8] - 104:12, 105:2, 105:6, 105:9, 140:2, 150:11, 150:12,

150:22faced [1] - 85:8facilitating [1] - 31:3facing [2] - 54:21, 107:5fact [51] - 3:16, 3:22,

6:10, 12:22, 16:7, 19:9, 20:4, 20:5, 20:26, 25:27, 34:2, 39:23, 42:22, 45:10, 49:13, 51:1, 51:3, 51:21, 52:4, 55:21, 55:25, 58:29, 59:1, 61:10, 64:11, 65:15, 67:7, 74:6, 76:4, 92:30, 93:24, 95:21, 99:26, 109:7, 112:14, 113:30, 115:19, 119:7, 120:7, 125:2, 132:21, 133:6, 138:13, 138:22, 139:2, 141:4, 141:13, 149:18, 149:25, 149:27, 152:3

fail [1] - 75:28failing [1] - 6:30failure [1] - 150:8fair [14] - 43:6, 58:10,

58:18, 58:21, 58:25, 58:27, 79:24, 121:16, 133:23, 133:25, 140:8, 140:15, 141:19, 143:19

fairly [2] - 28:6, 77:27fairness [6] - 58:3, 59:9,

59:14, 66:4, 66:5, 82:6faithfully [1] - 138:1fall [1] - 53:23falling [1] - 6:2falls [1] - 12:5false [2] - 57:27, 113:23familiar [6] - 27:18,

101:9, 125:15, 125:16, 149:6, 151:17

families [1] - 110:22family [8] - 19:22, 19:27,

20:3, 22:6, 24:1, 31:1, 40:25, 41:28

far [5] - 13:18, 72:5, 112:8, 144:13, 149:30

farm [1] - 94:11fashion [1] - 43:30father [3] - 3:23, 3:24,

3:25fault [1] - 115:16faults [1] - 43:26favour [1] - 24:19FDC [1] - 109:22fear [1] - 146:28fears [2] - 146:23, 146:24feature [2] - 53:22, 53:28February [9] - 6:19, 6:27,

15:27, 16:3, 50:25, 62:4, 80:3, 123:24, 143:1

feedback [1] - 107:4felt [7] - 21:28, 39:10,

64:13, 74:5, 126:8, 144:23, 149:21

Fergus [1] - 84:28Fermanagh [1] - 89:24few [9] - 28:3, 33:14,

33:18, 82:24, 92:17, 113:3, 113:4, 128:10, 128:20

figures [1] - 9:19file [8] - 8:24, 8:28, 8:29,

16:24, 50:11, 80:5, 84:28

fill [1] - 32:14filled [2] - 19:17, 32:14filling [1] - 144:14final [3] - 96:3, 123:28finally [1] - 154:18Finbarr [1] - 3:20findings [7] - 58:21, 59:3,

59:6, 59:24, 59:27, 60:3, 60:9

fine [6] - 38:5, 54:16, 59:26, 82:5, 115:27, 118:26

fined [2] - 36:3, 81:16fines [1] - 38:4finish [1] - 1:11finished [2] - 74:15,

97:22fire [2] - 29:7, 59:12first [35] - 6:22, 6:25,

10:13, 23:17, 35:26, 46:19, 49:24, 51:11, 66:2, 74:28, 76:18, 82:5, 84:27, 87:4, 88:25, 93:26, 101:9, 101:15, 102:13, 108:17, 110:14, 115:19, 118:7, 121:2, 127:16, 127:17, 132:26, 132:30, 141:27, 145:6, 146:6, 149:5, 152:24, 154:24, 156:4

fit [2] - 44:3, 44:4fits [1] - 90:8fitted [1] - 28:23Fitzsimons [7] - 118:14,

136:10, 136:18, 136:22, 136:28, 137:2

five [8] - 87:16, 97:20, 97:21, 116:3, 132:11, 139:2, 142:10, 154:25

fixed [1] - 132:5flaccid [1] - 152:1flash [1] - 22:14flats [1] - 32:22flesh [2] - 39:13, 39:15flexibility [2] - 13:7, 13:21flowing [1] - 90:6focus [3] - 7:3, 7:6, 41:21follow [2] - 26:12, 76:7followed [4] - 7:19, 47:3,

52:1, 122:2FOLLOWING [1] - 156:8following [13] - 5:13,

5:28, 8:8, 39:19, 46:22, 55:27, 69:12, 89:9, 110:28, 129:3, 135:13, 151:2, 151:9

follows [1] - 17:12FOLLOWS [13] - 1:2, 2:2,

49:19, 57:7, 69:7, 77:12, 84:1, 87:2, 128:12, 128:15, 139:15,

148:28, 152:22foot [2] - 99:22, 104:20footing [1] - 118:1FOR [1] - 83:4forbade [1] - 32:27force [9] - 5:11, 5:30,

15:18, 55:16, 126:4, 137:30, 144:4, 149:28

Force [17] - 3:25, 11:21, 14:15, 21:4, 27:17, 27:20, 32:25, 33:30, 35:7, 38:21, 38:22, 38:27, 39:11, 57:16, 65:10, 71:19, 76:24

forces [8] - 45:12, 118:4, 119:23, 125:30, 126:1, 139:25, 140:6, 145:25

foremost [1] - 70:5forensic [1] - 114:1forget [2] - 107:29, 125:7form [7] - 19:14, 19:16,

19:17, 48:19, 68:19, 89:11, 118:18

formal [4] - 139:26, 150:18, 150:19, 150:21

formed [3] - 12:11, 14:6, 51:17

former [1] - 87:6forms [1] - 100:19forth [6] - 2:17, 7:17,

11:2, 32:4, 38:12, 48:10fortnight [1] - 153:3fortuitous [1] - 68:23fortunately [1] - 126:17forward [3] - 64:9, 104:1forwarded [3] - 8:11,

102:13, 102:16four [8] - 3:13, 49:28,

87:20, 132:11, 132:21, 133:16, 142:11

France [1] - 126:1Francis [3] - 39:27, 39:30Frank [3] - 124:14,

135:15, 143:16fray [1] - 16:20free [3] - 34:8, 54:30,

144:16frequent [2] - 92:26,

117:27frequented [1] - 91:17frequently [9] - 9:16,

57:16, 92:28, 93:3, 117:18, 133:3, 133:8, 147:6, 147:13

fresh [1] - 23:8FRIDAY [1] - 156:8Friday [3] - 105:25,

107:23, 108:5Friend [1] - 70:9friend [1] - 124:13Friend's [1] - 148:23friendly [1] - 136:17friends [1] - 136:27frightening [1] - 134:22front [5] - 62:3, 103:20,

117:25, 120:5, 143:8frontier [1] - 117:25fruitful [1] - 119:11

Smithwick Tribunal - 8 September 2011 - Day 30

Doyle Court Reporters Ltd.

8

fruition [1] - 36:17frustrate [3] - 4:15, 38:27,

53:26frustrated [1] - 38:11frustrating [1] - 68:16fulfill [1] - 147:22full [5] - 59:15, 66:20,

82:29, 101:24, 103:11fully [2] - 103:12, 104:7function [9] - 93:14, 96:4,

96:7, 96:10, 96:11, 96:26, 111:4, 115:10, 147:23

functional [1] - 119:13functions [1] - 94:26fund [1] - 42:29funerals [4] - 73:11,

73:13, 145:26, 145:27furthermore [1] - 65:6future [2] - 14:3, 17:26

Ggarda [7] - 101:25,

118:27, 150:23, 151:9, 151:14, 151:17

Garda [70] - 6:11, 15:1, 16:8, 17:8, 21:10, 29:20, 33:11, 35:18, 40:21, 41:8, 41:11, 41:24, 41:26, 41:27, 48:23, 49:22, 55:8, 55:22, 57:10, 57:14, 57:22, 57:26, 58:3, 58:6, 58:10, 59:5, 60:2, 60:8, 62:12, 63:5, 63:16, 64:23, 65:16, 66:6, 76:14, 78:2, 90:12, 92:23, 98:13, 100:10, 104:2, 104:11, 104:13, 104:19, 105:1, 105:8, 105:16, 107:18, 108:30, 117:11, 117:20, 117:26, 118:6, 118:11, 119:9, 120:15, 120:20, 121:3, 122:15, 126:6, 126:15, 128:25, 128:27, 130:6, 139:8, 139:20, 140:1, 141:28, 146:13, 146:21

Gardai [5] - 51:16, 55:24, 65:15, 66:28, 72:23

Gardaí [2] - 129:15, 129:23

garnered [1] - 52:13gathered [2] - 92:10,

97:19geared [1] - 92:11general [15] - 2:6, 39:4,

39:5, 73:18, 92:2, 94:8, 97:6, 99:12, 103:14, 104:5, 114:18, 115:4, 124:5, 133:24, 148:4

General [2] - 101:18, 144:27

generally [8] - 4:23, 4:27, 13:29, 32:19, 34:1, 114:21, 122:26, 133:25

generated [1] - 135:17generous [1] - 13:23gentleman [2] - 29:8,

39:27gentlemen [2] - 5:27,

128:17gentlemen's [1] - 111:14genuinely [1] - 68:15Germany [1] - 125:30Gethins [1] - 136:16gist [1] - 19:29given [35] - 2:30, 10:25,

18:10, 18:17, 21:2, 31:3, 41:29, 42:7, 44:10, 44:12, 65:7, 71:25, 72:13, 72:26, 74:3, 75:6, 77:30, 87:7, 87:17, 96:19, 102:25, 104:21, 104:23, 104:24, 104:25, 104:27, 106:16, 113:29, 129:8, 129:19, 132:29, 134:22, 142:8, 145:4

GOC [6] - 101:16, 103:4, 103:5, 103:9, 103:18, 144:30

gossip [1] - 100:21Gough [4] - 91:11, 91:18,

91:19, 91:29Government [3] - 48:5,

88:30, 94:19grabbed [1] - 122:1gradually [1] - 118:25grand [1] - 11:4granted [1] - 82:27grateful [2] - 88:6, 155:22great [6] - 6:5, 40:10,

92:14, 94:13, 111:23, 147:14

greatly [1] - 155:23grinds [1] - 103:25ground [4] - 26:17, 90:2,

112:10, 112:14grounded [3] - 18:23,

20:3, 35:26grounds [2] - 20:2, 22:26group [1] - 97:7Group [1] - 97:7groups [3] - 12:1, 135:18,

140:23growing [1] - 27:5Guard [2] - 4:24, 11:23guard [1] - 17:29guarded [1] - 144:5guards [3] - 38:2, 38:7,

53:23guilty [2] - 59:20, 66:28gun [1] - 141:25

Hhabit [1] - 96:12haggard [1] - 89:1half [10] - 36:24, 36:26,

36:27, 39:2, 97:19, 112:28, 113:5, 138:10, 138:19, 147:5

hand [7] - 29:1, 95:16,

95:28, 114:21, 124:23, 142:28, 145:10

handed [1] - 15:9hands [2] - 50:12, 140:17handwriting [1] - 95:15hanging [1] - 3:3happily [1] - 134:4happy [4] - 76:1, 99:25,

120:8, 135:7Harcourt [3] - 19:2,

23:14, 53:13hard [4] - 100:9, 128:2,

151:24, 151:30Harry [36] - 90:27, 90:28,

91:23, 93:28, 97:11, 97:25, 98:2, 98:7, 98:9, 98:29, 99:1, 99:2, 99:4, 99:26, 101:26, 103:30, 104:30, 105:14, 105:17, 105:26, 106:1, 106:7, 107:25, 108:1, 108:23, 111:18, 115:13, 127:7, 136:4, 146:3, 146:5, 146:10, 146:14, 146:26, 149:1

harsh [4] - 38:25, 45:15, 59:19, 81:1

harshly [2] - 29:27, 64:5HAVING [2] - 2:1, 87:1Head [1] - 87:24head [9] - 39:7, 88:12,

92:29, 94:3, 111:5, 118:14, 119:2, 123:5, 136:22

headline [1] - 48:26Headquarters [22] - 6:11,

6:15, 21:11, 22:24, 23:19, 44:10, 51:28, 69:17, 88:16, 90:21, 90:22, 90:23, 91:28, 97:3, 97:4, 104:24, 106:22, 106:28, 122:8, 122:19, 124:3, 149:23

headquarters [2] - 91:12, 123:3

health [1] - 20:6healthy [1] - 68:25hear [2] - 39:22, 129:11heard [20] - 10:14, 21:9,

27:27, 28:13, 29:11, 30:9, 47:11, 58:14, 63:28, 75:26, 98:21, 108:25, 125:13, 126:6, 126:8, 126:16, 129:8, 132:7, 141:28

hearing [5] - 27:13, 29:26, 36:2, 64:4, 86:2

hearsay [1] - 66:13held [2] - 108:4, 137:27helicopter [3] - 132:10,

132:16, 132:26helicopters [2] - 132:8,

132:13hell [1] - 146:7helpful [1] - 136:29hence [2] - 15:22, 48:29hereby [1] - 19:18hereunder [1] - 23:29

Hermon [3] - 55:24, 94:24, 111:2

Hickey [2] - 3:20, 36:10hierarchical [3] - 90:24,

91:4, 125:5hierarchy [1] - 103:24High [1] - 38:12high [8] - 14:26, 56:26,

113:2, 123:2, 127:9, 135:16, 143:18, 149:23

higher [5] - 55:23, 81:30, 142:22, 143:26, 147:18

highest [2] - 20:17, 144:26

highly [6] - 100:23, 114:29, 121:11, 122:25, 150:7

hijacked [1] - 150:10hijacking [1] - 20:17himself [3] - 48:13, 79:12,

98:10hindsight [1] - 55:10historic [1] - 100:20historical [1] - 65:27historically [1] - 51:29history [17] - 7:12, 21:29,

21:30, 25:15, 26:18, 34:1, 38:28, 38:30, 47:5, 48:14, 61:18, 64:15, 76:1, 76:4, 76:7, 105:9

hmm [1] - 79:17home [8] - 31:4, 37:3,

40:25, 41:28, 63:8, 82:8, 93:29, 116:8

honest [3] - 126:7, 149:9honestly [1] - 135:11honesty [1] - 81:1Honour [1] - 149:5honourable [1] - 149:9hope [1] - 127:18hoping [1] - 140:22hopping [1] - 140:21hospitalisation [1] -

26:24hostility [2] - 25:16,

64:16hour [6] - 1:11, 66:20,

82:29, 112:28, 113:5, 138:10

hour.. [1] - 138:19hours [7] - 107:2, 116:5,

116:6, 116:7, 134:25, 135:20, 152:27

house [13] - 20:4, 24:2, 29:7, 32:20, 32:22, 32:23, 33:22, 40:3, 40:4, 59:12, 98:3, 99:29, 116:11

House [2] - 43:14, 43:18houses [3] - 11:2, 24:3,

33:19humble [1] - 145:17husband [1] - 26:26

Ii.e [1] - 26:18

idea [3] - 4:27, 112:25, 124:23

identifiable [1] - 146:30identification [1] - 116:23identified [3] - 63:15,

121:29, 132:23identifies [1] - 96:6identify [3] - 113:18,

113:20, 113:24identifying [2] - 41:1,

134:19identities [2] - 133:30,

134:6ignore [1] - 24:18ignored [1] - 127:20ignoring [1] - 28:4ill [6] - 22:3, 50:16, 95:4,

99:29, 100:6, 145:12ill-advised [3] - 99:29,

100:6, 145:12ill-treatment [1] - 22:3illegal [4] - 94:12, 100:23,

133:4, 133:8illegals [1] - 112:4illness [1] - 68:23imagine [3] - 11:14,

25:12, 59:17imagined [1] - 110:6immediate [10] - 5:20,

9:5, 21:21, 24:7, 25:14, 28:15, 90:19, 90:28, 91:2, 138:2

immediately [10] - 47:16, 53:1, 56:5, 56:11, 56:15, 69:16, 109:14, 110:8, 142:24, 153:21

immense [1] - 150:8impact [2] - 116:1, 116:2importance [2] - 6:6,

151:13important [12] - 10:15,

20:30, 22:1, 29:23, 41:22, 55:17, 56:27, 60:16, 141:26, 142:8, 150:13

importing [2] - 37:3, 63:8imposed [1] - 82:1impossible [2] - 45:23,

112:18impression [6] - 29:26,

40:23, 41:29, 64:3, 67:10, 75:6

improper [2] - 79:9, 80:28improve [1] - 90:12imprudent [1] - 16:7in.. [1] - 38:27inaccurate [2] - 104:22,

127:5incident [8] - 25:17,

28:26, 48:19, 67:17, 119:29, 126:23, 126:27, 132:17

incidents [7] - 12:30, 20:16, 27:30, 45:4, 45:12, 48:17, 56:28

inclined [2] - 24:18, 55:28include [1] - 92:7included [10] - 65:30,

Smithwick Tribunal - 8 September 2011 - Day 30

Doyle Court Reporters Ltd.

9

70:30, 73:4, 78:2, 78:11, 98:6, 98:8, 104:2, 105:1, 109:2

includes [3] - 152:27, 152:28

including [5] - 7:21, 9:28, 38:12, 98:6, 101:25

inconceivable [1] - 108:29

inconvenience [1] - 100:26

increased [1] - 5:17increases [1] - 152:12indeed [22] - 1:5, 2:18,

7:11, 8:28, 13:22, 14:13, 22:28, 47:16, 48:29, 51:27, 58:4, 61:29, 65:8, 66:16, 76:2, 103:25, 123:18, 132:26, 136:21, 137:30, 149:10, 155:16

independence [1] - 144:5independent [1] - 69:20indicate [4] - 61:16,

98:29, 112:5, 141:3indicated [5] - 101:10,

102:19, 112:2, 125:18, 154:26

indicates [5] - 98:30, 99:1, 99:2, 102:23

indicating [2] - 72:1, 102:25

indication [5] - 68:12, 145:5, 145:6, 145:7, 151:13

indicative [2] - 65:15, 111:22

indirectly [1] - 52:15indiscretion [1] - 21:22indiscretions [2] - 24:16,

24:19individual [12] - 3:4, 11:9,

61:17, 100:22, 100:27, 130:10, 130:21, 134:18, 140:2, 140:3, 150:23, 152:11

individuals [2] - 113:14, 114:19

inevitable [1] - 38:26inevitably [1] - 15:5inform [4] - 8:3, 17:25,

130:2, 130:14informant [6] - 48:28,

92:17, 120:22, 120:26, 141:13, 147:30

informants [2] - 42:26, 76:1

information [62] - 4:22, 6:4, 6:10, 6:15, 8:11, 8:25, 8:27, 12:1, 12:3, 12:6, 12:28, 24:20, 36:30, 37:16, 43:22, 43:27, 44:10, 44:12, 46:6, 46:13, 46:15, 46:19, 52:9, 56:3, 56:7, 56:14, 62:22, 65:27, 66:9, 70:19, 74:4, 75:5, 80:4, 80:8, 82:16, 87:7,

92:16, 92:21, 93:4, 100:19, 100:25, 103:17, 111:28, 113:26, 118:4, 118:19, 119:12, 126:11, 126:14, 133:23, 134:6, 134:30, 135:8, 138:14, 138:23, 139:6, 140:10, 140:12, 142:12, 142:27, 143:27, 150:21

informed [15] - 17:30, 22:21, 22:23, 33:17, 44:9, 55:5, 67:29, 68:2, 69:25, 70:9, 88:3, 130:27, 132:20, 135:4, 139:7

informing [1] - 22:20initial [3] - 132:12, 140:8,

144:29initiate [2] - 61:28, 63:24initiated [6] - 52:7, 62:26,

98:1, 139:21, 139:28, 145:11

injunctions [1] - 38:12inquire [1] - 48:2inquired [2] - 33:22,

57:15inquiries [6] - 16:27,

33:15, 55:26, 57:11, 71:17, 72:29

inquiring [2] - 33:19, 71:26

Inquiry [3] - 41:21, 60:26, 87:30

inquiry [23] - 15:5, 16:23, 27:28, 30:11, 36:5, 36:6, 36:10, 36:14, 36:16, 37:6, 37:24, 37:28, 38:15, 38:17, 40:21, 41:25, 48:29, 58:8, 63:24, 76:9, 82:8, 82:9, 82:11

inside [1] - 115:28insight [1] - 133:21insofar [3] - 51:18, 52:29,

122:22inspected [1] - 118:28inspection [1] - 3:18Inspector [17] - 5:19,

5:20, 14:16, 14:17, 25:15, 33:18, 35:1, 52:2, 56:22, 56:30, 71:5, 77:23, 87:19, 87:21, 88:11, 117:8, 137:3

Inspectors [1] - 142:17instance [5] - 56:13,

66:19, 66:22, 92:16, 114:14

instances [2] - 45:6, 66:17

instead [1] - 109:8instigated [3] - 16:16,

16:20, 150:18instructed [1] - 86:11instructions [1] - 91:5integral [2] - 104:13,

129:16intelligence [20] - 4:22,

13:14, 13:16, 52:13, 92:7, 100:12, 100:19, 100:27, 117:3, 126:14, 133:14, 134:2, 137:15, 137:17, 137:20, 137:22, 139:9, 139:24, 146:19

intelligence' [1] - 100:18intended [5] - 84:13,

84:17, 108:18, 109:26, 130:15

intention [3] - 32:13, 110:19, 129:3

interaction [2] - 54:20, 123:19

intercept [1] - 150:9interdiction [1] - 149:29interest [2] - 12:26, 134:5interested [1] - 39:23interesting [1] - 78:27interests [13] - 18:14,

18:18, 32:19, 34:2, 38:8, 40:3, 41:10, 41:12, 50:20, 51:18, 55:1, 92:19, 140:6

interpretation [3] - 103:16, 103:23, 144:29

interpreted [1] - 143:20interpreting [1] - 113:9interrelationship [1] -

89:26interruption [1] - 103:2interview [8] - 69:29,

70:7, 72:6, 73:1, 73:20, 75:19, 79:10, 79:11

interviewed [6] - 74:13, 77:16, 77:29, 78:21, 78:22, 78:26

interviews [1] - 4:25intimately [1] - 98:10intimidation [1] - 22:7intrigue [1] - 48:19introduced [2] - 121:14,

121:18introducing [1] - 120:23invariably [1] - 147:9investigate [15] - 15:2,

16:10, 17:14, 35:20, 38:17, 39:8, 48:4, 63:16, 63:23, 69:17, 69:21, 73:30, 78:15, 79:21, 144:22

investigated [9] - 22:20, 26:15, 29:20, 48:27, 63:20, 68:24, 71:9, 74:7, 79:15

investigating [6] - 15:1, 16:10, 17:9, 28:17, 36:8, 36:9

investigation [36] - 15:4, 15:7, 16:24, 16:30, 22:23, 28:15, 28:20, 28:25, 30:12, 38:22, 48:11, 58:25, 66:2, 67:7, 68:1, 70:15, 70:27, 71:10, 72:2, 73:14, 74:12, 74:18, 75:1, 76:16, 77:17, 78:18, 78:20, 79:1,

79:5, 79:8, 79:23, 144:8, 153:21

investigations [2] - 20:30, 21:2

invite [2] - 65:11, 94:18invited [4] - 94:14, 94:18,

109:27, 127:8inviting [1] - 94:17invoke [1] - 51:10involve [4] - 28:21, 75:27,

92:26, 117:16involved [37] - 8:21, 10:7,

10:27, 11:29, 12:29, 13:1, 20:29, 28:14, 28:20, 28:24, 30:12, 30:15, 30:16, 37:2, 41:23, 48:11, 57:20, 61:3, 61:10, 61:11, 61:22, 61:25, 62:9, 62:13, 62:29, 63:11, 67:30, 79:20, 79:27, 98:19, 112:11, 113:28, 114:1, 122:12, 139:8, 148:2

involvement [7] - 7:1, 28:1, 61:30, 62:26, 72:9, 75:7, 76:1

involving [4] - 17:29, 45:12, 67:18, 119:30

IRA [24] - 11:17, 43:10, 43:20, 45:20, 47:18, 56:7, 61:4, 61:12, 110:6, 112:23, 113:3, 113:28, 114:8, 116:28, 133:3, 133:13, 133:22, 133:26, 134:4, 134:9, 134:11, 140:13, 146:4, 147:1

Ireland [8] - 88:2, 110:15, 125:28, 145:19, 145:21, 149:24, 151:21, 155:17

Irish [5] - 5:13, 89:9, 117:29, 142:22, 150:19

irregularities [1] - 15:3irritated [1] - 145:20issue [19] - 50:19, 51:6,

55:4, 55:8, 56:9, 57:15, 63:9, 73:2, 73:27, 73:29, 77:28, 81:26, 93:8, 102:27, 103:10, 105:20, 108:8, 150:23, 154:29

issued [8] - 7:17, 9:20, 35:13, 35:24, 54:2, 101:30, 102:4, 111:18

issues [5] - 52:18, 110:20, 119:9, 124:15, 150:21

items [1] - 10:30itself [3] - 55:16, 71:1,

81:17

JJanuary [4] - 35:13,

36:19, 36:23, 56:19jealously [1] - 144:5Jeffrey [1] - 43:14

job [5] - 41:26, 89:1, 93:6, 115:3, 152:7

JOHN [2] - 1:4, 2:1John [6] - 1:18, 28:9,

55:24, 66:22, 94:23, 111:2

join [1] - 146:3joined [2] - 87:11, 137:2joint [2] - 104:10, 124:7journal [16] - 95:19,

96:24, 97:21, 118:28, 123:23, 123:26, 123:28, 124:25, 138:1, 143:1, 143:7, 143:9, 152:26, 152:27, 153:24

journals [2] - 72:16, 96:13

judge [3] - 123:14, 123:21, 142:10

Judge [3] - 6:20, 39:5, 45:19

judgement [2] - 21:30, 100:12

judges [1] - 21:4July [1] - 28:9June [3] - 11:22, 11:25,

20:13junior [2] - 76:13, 127:9jurisdiction [3] - 51:7,

120:24, 142:13jurisdictions [1] - 100:9justice [1] - 39:10Justice [1] - 27:21

Kkeep [5] - 11:27, 12:10,

73:19, 114:14, 122:27keeping [1] - 52:27kept [3] - 52:20, 90:6,

92:10KIB [1] - 133:2kidnapped [1] - 39:20kill [4] - 112:30, 138:29,

140:23, 145:25killed [4] - 114:2, 123:20,

136:12, 136:13killers [1] - 47:20killing [2] - 61:4, 61:13killings [7] - 48:8, 70:20,

87:30, 109:15, 111:30, 114:4, 115:19

kind [1] - 108:9kindred [2] - 112:27,

134:9King [2] - 93:15, 94:2Kintyre [1] - 136:14Knock [2] - 88:16, 122:17knowing [1] - 103:23knowledge [18] - 2:19,

21:25, 36:16, 43:21, 67:14, 67:16, 68:2, 69:14, 72:11, 75:12, 75:25, 112:21, 116:20, 129:20, 131:23, 133:13, 135:8, 137:1

known [14] - 2:14, 29:24, 33:20, 46:22, 51:28,

Smithwick Tribunal - 8 September 2011 - Day 30

Doyle Court Reporters Ltd.

10

55:29, 56:3, 56:10, 112:4, 124:22, 134:1, 135:17, 135:27

knows [1] - 46:28

Llabels [2] - 149:12,

149:14ladies [1] - 128:17lady [2] - 20:8, 26:25land [1] - 132:6land-line [1] - 132:6lanes [1] - 135:26large [2] - 72:28, 139:7largely [1] - 16:16larger [1] - 10:24last [13] - 2:4, 9:6, 14:30,

27:3, 27:8, 32:21, 33:14, 33:18, 35:11, 47:13, 77:15, 82:7, 127:2

late [8] - 9:10, 25:22, 25:24, 95:29, 96:1, 96:22, 111:28, 135:14

laterally [2] - 16:29, 63:7latest [1] - 96:16launched [1] - 36:4Lawrence [2] - 32:21,

40:4lax [1] - 149:15lay [2] - 27:16, 27:22layer [1] - 142:22lead [4] - 35:11, 134:29,

141:14, 144:28leading [2] - 4:8, 93:12leak [17] - 48:2, 48:6,

49:4, 49:5, 49:9, 70:1, 70:10, 70:16, 73:2, 73:6, 73:26, 74:5, 74:11, 74:21, 74:27, 76:22

leaks [1] - 73:19lean [1] - 107:6learn [1] - 131:30Learned [1] - 70:9learned [3] - 43:22,

114:1, 147:26learnt [3] - 24:30, 56:13,

114:5least [4] - 34:29, 36:27,

40:18, 132:7leave [21] - 15:22, 16:23,

23:24, 36:13, 37:1, 37:4, 46:25, 47:1, 68:6, 68:7, 68:13, 68:15, 85:22, 88:2, 99:3, 102:14, 106:5, 155:9, 156:4

leaving [5] - 39:11, 46:2, 46:10, 47:4, 73:24

led [2] - 70:8, 70:29left [19] - 13:11, 19:7,

29:2, 36:23, 37:25, 45:1, 47:19, 48:10, 71:2, 71:3, 76:24, 97:20, 97:22, 105:14, 105:17, 105:26, 105:29,

108:1, 123:5legitimate [2] - 42:2,

113:12lengthy [1] - 20:25Leo [1] - 3:9less [8] - 21:30, 47:6,

82:1, 82:2, 126:5, 152:4, 152:7

letter [10] - 19:13, 19:21, 22:28, 23:17, 30:5, 32:7, 62:2, 63:10, 64:1, 101:16

letters [1] - 21:9level [25] - 21:7, 23:19,

52:22, 52:24, 52:25, 55:23, 72:26, 75:11, 81:30, 99:10, 109:1, 124:17, 125:12, 127:9, 127:12, 135:16, 139:23, 139:24, 139:25, 139:28, 142:9, 143:18, 144:26, 147:18

levels [1] - 143:26liaise [3] - 91:6, 129:15,

136:8liaised [1] - 90:15liaising [1] - 92:23liaison [2] - 88:27, 98:12life [16] - 26:2, 92:30,

111:24, 116:13, 119:21, 126:7, 126:21, 126:28, 140:17, 140:27, 141:4, 141:10, 141:23, 141:29, 149:18, 155:20

light [2] - 90:19, 143:28likely [1] - 114:9Limavady [1] - 87:12limited [2] - 123:8, 154:2Line [1] - 1:3line [4] - 42:20, 96:3,

117:25, 132:6link [1] - 61:13linked [2] - 75:25, 114:3linking [1] - 10:5links [1] - 74:23Lisburn [1] - 97:10list [21] - 71:4, 71:11,

71:15, 71:16, 71:22, 71:23, 71:28, 72:4, 72:10, 72:11, 72:13, 72:17, 72:22, 72:24, 72:25, 77:28, 78:1, 78:11, 87:5, 131:15

listen [1] - 126:21listening [2] - 24:30, 42:7literally [3] - 13:6, 28:1,

149:19lived [2] - 116:30, 120:23lives [3] - 119:27, 141:12,

141:24local [8] - 2:24, 94:1,

113:10, 122:15, 122:20, 122:28, 135:25

locals [1] - 135:27located [2] - 91:12, 136:2location [1] - 135:24locker [1] - 111:18lockers [3] - 111:10,

111:12, 111:15lodge [1] - 19:30log [1] - 130:14logbook [6] - 25:18,

35:30, 59:4, 59:25, 81:16

logbooks [2] - 7:17, 9:19logic [2] - 151:2, 151:9logical [3] - 74:22, 74:28,

75:18logistically [1] - 45:22London [1] - 43:15look [8] - 39:7, 41:10,

46:18, 58:20, 59:23, 62:2, 74:22, 74:29

looked [2] - 70:5, 153:24looking [2] - 39:13, 44:1loses [2] - 84:17, 137:25lost [1] - 126:29Lough [1] - 45:24Louth/Meath [1] - 20:30lowers [1] - 95:12lucky [2] - 46:16, 46:17lunch [1] - 1:11LUNCH [2] - 83:4, 84:1lunchtime [1] - 112:7Lurgan [1] - 87:15lying [1] - 132:12

Mmachine [2] - 103:25,

110:4MacNulty [2] - 28:9,

66:22Magherafelt [1] - 87:17magic [1] - 61:13magnitude [1] - 100:14main [2] - 114:24, 114:25Mains [2] - 97:27, 108:26mains [1] - 127:1maintain [3] - 85:11,

95:18, 114:9maintained [1] - 12:11major [2] - 45:12, 107:20male [1] - 94:4malice [1] - 68:12man [10] - 28:9, 29:23,

29:25, 30:3, 34:27, 35:6, 64:3, 95:6, 111:23, 126:7

manageable [1] - 107:7managed [4] - 11:27,

12:9, 24:12, 77:21manner [1] - 41:14maps [1] - 104:5March [28] - 22:18, 32:21,

93:19, 93:22, 95:9, 95:12, 95:14, 96:2, 96:10, 97:1, 97:3, 97:17, 98:6, 102:9, 102:21, 102:24, 103:28, 106:8, 106:9, 106:14, 106:22, 107:15, 117:6, 129:1, 129:4, 130:24, 144:11, 154:24

Margaret [1] - 89:10margins [1] - 150:22

mark [1] - 18:6Mark [1] - 69:10massive [1] - 145:27MAT [1] - 142:11material [1] - 135:1matter [50] - 9:6, 9:11,

10:17, 12:26, 16:1, 16:6, 17:14, 18:21, 22:20, 22:23, 23:26, 27:12, 27:26, 31:14, 31:27, 34:25, 37:11, 37:17, 38:15, 38:21, 40:5, 40:7, 40:10, 43:11, 46:2, 46:5, 51:7, 60:23, 63:17, 63:20, 81:4, 81:20, 84:13, 84:17, 87:30, 96:22, 101:19, 101:24, 102:26, 106:25, 111:27, 113:3, 121:19, 130:8, 131:2, 138:7, 140:21, 152:24, 154:19, 154:21

matters [36] - 2:6, 2:7, 2:19, 7:3, 7:4, 7:6, 10:14, 14:10, 14:29, 16:4, 16:10, 17:3, 17:7, 18:1, 19:21, 19:27, 21:28, 29:19, 35:28, 39:7, 42:6, 60:21, 67:4, 67:8, 77:7, 80:14, 81:1, 81:9, 82:5, 106:23, 106:26, 108:9, 110:21, 128:30, 144:1, 149:30

maze [1] - 45:29McGuinness [14] - 1:6,

1:12, 49:18, 49:21, 49:22, 57:4, 127:23, 128:14, 128:18, 128:20, 128:24, 128:27, 139:12

mean [20] - 5:25, 33:6, 34:5, 34:13, 46:9, 48:15, 48:24, 51:24, 53:17, 70:24, 74:7, 76:5, 76:6, 79:2, 80:30, 92:15, 100:18, 111:25, 113:9, 150:18

mean.. [1] - 30:10means [8] - 38:6, 52:10,

53:25, 70:25, 79:24, 112:30, 131:29, 132:25

meant [2] - 46:15, 88:12meantime [3] - 14:11,

15:28, 77:21media [1] - 48:24medical [12] - 26:18,

26:19, 26:22, 26:26, 31:2, 37:13, 53:29, 68:7, 68:18, 68:20, 68:28, 69:1

meet [15] - 88:29, 104:19, 105:6, 105:8, 107:19, 110:27, 118:30, 120:22, 120:25, 120:26, 121:3, 140:29, 143:18, 151:27, 154:10

meeting [60] - 10:3, 13:10, 46:30, 55:23, 76:18, 97:10, 97:16,

97:18, 97:19, 97:24, 97:30, 98:6, 98:7, 98:8, 98:16, 98:17, 98:22, 99:5, 100:2, 103:4, 103:27, 103:29, 104:1, 104:11, 104:12, 104:17, 105:12, 105:21, 105:22, 105:27, 105:29, 106:3, 106:8, 107:18, 107:30, 108:3, 108:4, 108:24, 108:29, 118:26, 121:22, 124:5, 124:12, 124:25, 127:6, 127:10, 129:4, 130:6, 138:5, 142:11, 144:30, 145:7, 146:21, 153:1, 153:3, 153:20, 154:27

Meeting [2] - 101:21, 101:22

meetings [8] - 13:13, 73:9, 105:20, 125:16, 129:1, 138:6, 150:18, 150:20

Member [2] - 20:14, 21:14member [31] - 3:20, 7:29,

10:1, 11:10, 13:20, 13:26, 19:11, 21:3, 24:27, 29:1, 31:4, 34:2, 35:6, 37:27, 38:19, 38:21, 38:22, 38:27, 41:11, 41:24, 41:26, 41:27, 53:21, 56:7, 57:14, 58:3, 63:5, 63:16, 65:10, 66:5, 141:28

member's [3] - 23:21, 23:23, 31:1

members [34] - 3:8, 7:21, 9:20, 9:27, 10:10, 14:15, 15:17, 15:18, 15:19, 21:1, 21:19, 22:7, 27:17, 29:24, 33:30, 40:11, 40:21, 41:8, 50:20, 53:15, 57:10, 57:22, 57:26, 58:10, 60:2, 60:8, 62:12, 71:19, 72:4, 78:5, 85:21, 86:2, 119:23, 120:10

memo [2] - 31:13, 31:14memorable [1] - 106:11memory [1] - 110:12men [9] - 39:2, 110:15,

110:17, 113:12, 113:28, 129:9, 146:7, 149:9, 149:11

mention [10] - 8:18, 74:2, 75:19, 75:28, 80:1, 98:16, 143:14, 144:16, 144:17, 146:10

mentioned [19] - 6:17, 30:6, 35:21, 40:2, 62:29, 74:2, 76:27, 77:16, 98:15, 125:25, 127:10, 136:10, 140:25, 143:5, 143:16, 144:12, 144:15, 144:18, 147:25

Mercedes [2] - 147:15,

Smithwick Tribunal - 8 September 2011 - Day 30

Doyle Court Reporters Ltd.

11

147:16merely [8] - 8:3, 18:13,

62:17, 65:28, 66:9, 68:30, 132:21, 145:2

merit [1] - 24:9messages [1] - 113:4met [25] - 3:17, 4:24,

4:28, 26:25, 47:13, 48:10, 71:2, 76:25, 76:26, 76:28, 109:19, 120:15, 120:20, 121:7, 121:10, 121:13, 123:23, 124:8, 124:20, 126:7, 143:2, 152:30, 153:18, 154:5, 154:14

method [2] - 114:27, 132:4

methodologies [1] - 114:26

methodology [5] - 93:8, 93:10, 104:3, 114:20, 130:11

meticulous [2] - 153:15, 153:16

meticulously [1] - 153:13miasmic [1] - 140:19microphone [1] - 107:4midday [1] - 135:15middle [1] - 145:29midnight [1] - 121:1might [29] - 4:13, 5:7,

6:26, 13:3, 27:6, 45:6, 46:14, 49:2, 52:13, 76:10, 77:22, 79:18, 87:9, 99:16, 106:19, 114:4, 114:24, 120:7, 120:9, 123:27, 129:25, 130:18, 130:20, 131:22, 134:10, 138:22, 149:11, 152:29

mightn't [1] - 138:18mild [1] - 3:6mileage [6] - 7:16, 9:19,

25:18, 152:28, 153:5, 153:10

miles [1] - 89:14Military [1] - 124:7military [14] - 89:12,

89:15, 91:12, 91:13, 91:30, 92:6, 92:7, 92:20, 94:9, 103:6, 103:9, 103:24, 106:26, 108:8

mill [1] - 126:4Mills [11] - 6:22, 19:26,

93:24, 95:12, 95:30, 96:29, 101:6, 106:15, 120:2, 120:8, 123:27

mind [10] - 1:6, 47:11, 47:16, 47:26, 56:29, 70:17, 71:7, 91:3, 95:22, 149:20

mine [2] - 62:28, 124:13Minister [1] - 89:10minor [14] - 45:29, 57:23,

59:28, 59:30, 60:2, 60:9, 80:14, 80:19, 81:4, 81:9, 81:19,

81:21, 81:24, 135:25minute [4] - 16:3, 19:13,

32:6, 127:2minutes [8] - 46:2, 46:10,

73:24, 82:24, 98:4, 107:20, 107:26, 128:10

misbehaviour [1] - 60:11missing [1] - 9:16mistake [2] - 2:11, 19:25misunderstood [1] -

136:1misuse [1] - 66:15mixed [1] - 44:27mobile [2] - 132:3, 151:26mobilise [2] - 114:12,

139:1mobilised [2] - 113:4,

133:10mole [24] - 43:27, 47:15,

48:11, 48:14, 48:26, 48:28, 49:10, 49:12, 55:4, 55:8, 55:14, 55:15, 55:22, 56:10, 70:15, 70:22, 70:26, 73:2, 73:6, 73:26, 74:21, 76:10, 76:20

moles [5] - 48:14, 48:20, 48:21, 73:19, 76:1

moment [4] - 8:13, 31:8, 80:30, 85:22

momentum [1] - 4:7Monaghan [3] - 45:24,

125:14, 125:17Monday [7] - 105:28,

106:3, 106:8, 106:14, 106:22, 107:15, 107:23

monetary [1] - 54:16mongers [1] - 126:4monitor [1] - 132:16month [3] - 75:22, 77:26,

108:13month's [1] - 108:12monthly [1] - 108:4months [9] - 36:27,

87:11, 87:16, 95:5, 118:7, 123:15, 142:9, 145:23, 147:3

monument [1] - 146:4mood [1] - 3:5morale [1] - 13:28morning [11] - 1:5, 1:7,

55:12, 84:27, 106:8, 107:15, 108:16, 154:23, 155:1, 156:6

Morrissey [7] - 25:22, 25:25, 25:26, 25:27, 64:25, 65:12

most [22] - 20:15, 20:23, 20:29, 24:16, 28:2, 36:24, 38:11, 40:15, 47:6, 60:16, 69:22, 76:11, 76:13, 78:23, 79:9, 79:22, 119:22, 126:3, 126:7, 133:9, 150:13, 151:20

mostly [3] - 10:29, 11:8, 38:7

motorcars [1] - 34:23

mount [7] - 100:10, 100:21, 104:3, 112:23, 112:28, 133:8, 145:9

mounted [2] - 113:27, 133:4

move [1] - 25:1moved [3] - 39:26,

116:16, 122:7Movement [1] - 121:11movements [2] - 43:28,

46:14moving [3] - 38:9, 74:20,

104:10MPs [1] - 153:12MR [76] - 1:5, 1:6, 1:7,

1:8, 1:9, 1:11, 1:12, 1:13, 1:14, 1:15, 1:4, 1:15, 1:17, 2:1, 2:4, 40:20, 41:6, 41:20, 42:5, 49:16, 49:18, 49:21, 57:4, 57:6, 57:9, 69:3, 69:5, 69:7, 69:9, 77:3, 77:7, 77:12, 77:14, 81:7, 81:24, 81:26, 82:21, 82:26, 84:6, 84:11, 84:21, 84:25, 84:27, 85:2, 85:11, 85:16, 85:18, 85:26, 86:4, 87:2, 87:4, 107:13, 110:26, 127:14, 127:22, 127:28, 128:2, 128:6, 128:14, 128:20, 128:24, 139:12, 139:14, 139:17, 148:10, 148:14, 148:20, 148:22, 148:28, 148:30, 152:17, 152:22, 152:24, 155:5, 155:12, 155:28

MS [3] - 86:11, 86:17, 148:16

Mull [1] - 136:13multiple [1] - 45:20murder [10] - 66:21,

67:18, 106:27, 116:3, 132:9, 133:28, 145:19, 147:4, 148:2, 153:22

murdered [9] - 28:10, 46:3, 46:11, 66:23, 73:24, 115:29, 123:15, 153:19, 155:22

murders [15] - 20:17, 43:23, 47:11, 47:28, 48:22, 69:12, 79:25, 106:30, 112:6, 113:27, 133:10, 135:16, 135:21, 138:8, 146:10

Murphy [3] - 144:8, 144:9, 144:22

Murray [8] - 111:29, 124:14, 124:28, 135:5, 135:15, 143:16, 143:19, 143:25

must [12] - 3:29, 13:27, 14:4, 36:29, 39:10, 62:20, 66:2, 70:17, 71:7, 75:26, 137:14, 140:23

my.. [1] - 125:3

Nname [8] - 49:21, 113:19,

116:22, 116:24, 128:24, 128:27, 144:12, 144:15

named [13] - 8:20, 43:9, 43:18, 43:30, 55:14, 55:15, 55:22, 55:23, 56:4, 56:10, 62:8, 62:14, 77:1

namely [2] - 35:15, 40:3names [4] - 33:26, 71:19,

87:5, 134:6narrow [1] - 45:26naturally [1] - 47:12nature [7] - 18:8, 20:26,

59:28, 59:30, 113:17, 122:26, 123:2

nearer [1] - 31:4necessarily [6] - 48:23,

52:7, 52:14, 56:6, 99:13, 112:16

necessary [13] - 95:24, 100:26, 104:15, 104:19, 105:6, 105:7, 105:8, 110:13, 113:10, 113:13, 120:12, 120:18

necessity [1] - 150:3Ned [1] - 7:24need [5] - 84:8, 110:13,

124:17, 136:6, 138:26needed [5] - 46:19, 111:1,

136:7, 138:18, 150:26negative [2] - 60:24,

143:11negotiate [1] - 146:1negotiation [1] - 145:28net [1] - 27:6never [40] - 4:12, 13:1,

21:20, 22:2, 36:17, 52:27, 55:9, 59:19, 59:21, 61:28, 63:23, 66:8, 66:25, 67:4, 67:29, 67:30, 72:24, 73:27, 73:30, 76:24, 76:29, 82:8, 82:9, 103:1, 108:22, 108:24, 111:17, 111:23, 119:13, 125:25, 127:5, 129:8, 129:26, 137:25, 137:27, 141:13, 143:28, 149:24

new [9] - 16:30, 17:1, 17:21, 89:11, 92:28, 116:8, 116:9, 134:23

Newry [35] - 87:22, 87:26, 88:12, 88:13, 88:21, 92:29, 92:30, 97:10, 97:15, 106:28, 106:29, 107:19, 107:28, 109:16, 109:18, 109:21, 109:22, 117:9, 118:5, 118:13, 119:2, 120:18, 120:30, 123:6, 123:10, 123:11, 123:13, 124:8, 124:9, 134:16, 137:2, 139:21, 139:29, 141:30

next [11] - 15:26, 18:27, 19:20, 23:2, 27:1, 30:5,

30:23, 31:21, 82:26, 84:3, 86:4

night [8] - 28:13, 29:12, 29:17, 66:24, 70:20, 72:1, 96:12, 137:13

nine [3] - 95:4, 134:28, 154:25

nobody [5] - 46:28, 48:27, 77:9, 88:3, 123:20

noises [1] - 112:19NOLAN [2] - 1:4, 2:1Nolan [22] - 1:18, 2:4,

42:8, 42:15, 49:21, 57:4, 57:9, 60:17, 62:3, 62:12, 63:12, 66:1, 66:11, 67:9, 69:10, 73:23, 73:29, 74:9, 76:4, 105:22

none [14] - 3:12, 54:14, 73:17, 117:21, 117:23, 119:7, 122:29, 123:1, 129:10, 129:13, 130:16, 150:6

nonetheless [1] - 12:16norm [1] - 118:3normal [6] - 65:9, 99:9,

130:30, 131:7, 131:18, 156:1

normally [4] - 28:30, 125:11, 130:5, 131:8

North [5] - 10:29, 26:8, 44:11, 45:18, 73:13

north [5] - 89:14, 111:25, 122:21, 149:28, 152:5

northern [3] - 90:16, 150:19, 151:11

Northern [6] - 88:2, 110:14, 145:19, 145:21, 149:23, 155:17

note [8] - 8:30, 64:14, 65:23, 101:12, 102:20, 119:16, 132:19

noted [2] - 7:20, 9:27notes [1] - 94:5nothing [15] - 23:25,

39:12, 41:7, 41:15, 50:26, 51:3, 57:14, 65:27, 70:18, 72:13, 89:1, 89:3, 129:19, 141:17, 150:24

notice [8] - 8:6, 12:26, 16:28, 17:7, 22:19, 29:22, 62:18, 75:17

noticeable [5] - 112:2, 127:26, 151:4, 151:7, 152:8

noticed [3] - 98:15, 144:15, 151:23

notification [2] - 131:3, 131:23

notified [4] - 19:11, 27:13, 110:13, 131:7

notify [1] - 45:5notifying [1] - 110:4November [2] - 2:8, 31:22nowhere [1] - 105:9number [39] - 5:16, 5:18,

Smithwick Tribunal - 8 September 2011 - Day 30

Doyle Court Reporters Ltd.

12

6:23, 10:10, 19:14, 19:17, 20:22, 32:22, 45:20, 45:27, 62:5, 88:7, 88:9, 88:28, 98:24, 99:30, 110:8, 115:24, 116:6, 116:8, 116:9, 116:23, 116:27, 118:8, 127:11, 132:29, 134:19, 134:20, 134:24, 135:20, 139:7, 140:23, 143:20, 147:14, 147:16, 148:22, 152:10, 152:13

numbers [6] - 5:17, 45:5, 87:6, 113:28, 115:25, 127:10

numerous [5] - 47:22, 70:27, 92:12, 119:21, 146:4

OO' [1] - 42:12O'Callaghan [1] - 127:19O'CALLAGHAN [16] -

1:7, 1:13, 40:20, 41:6, 41:20, 57:6, 57:9, 69:3, 81:7, 81:24, 127:22, 127:28, 128:2, 139:14, 139:17, 148:10

o'clock [11] - 1:12, 78:2, 78:5, 78:6, 78:7, 82:24, 97:20, 97:22, 132:11, 156:5

O'Dea [28] - 7:24, 8:4, 15:27, 47:29, 62:4, 64:2, 69:12, 69:14, 69:22, 69:27, 70:14, 70:17, 70:21, 71:4, 71:15, 72:5, 72:10, 72:21, 73:8, 73:9, 73:30, 74:10, 74:20, 75:19, 75:21, 75:28, 76:18, 76:25

O'Dea's [4] - 69:25, 71:22, 75:1, 76:21

O'SULLIVAN [1] - 148:16oath [1] - 86:6objection [1] - 1:12obliged [1] - 152:17observed [1] - 94:10obtained [1] - 120:18obtaining [1] - 4:22obvious [5] - 19:7, 34:7,

56:7, 76:11, 78:22obviously [37] - 33:5,

36:26, 46:1, 51:17, 53:20, 53:21, 53:27, 54:14, 54:25, 88:28, 90:24, 91:17, 92:9, 103:6, 105:5, 108:1, 110:30, 112:10, 113:30, 116:5, 117:27, 117:29, 120:24, 123:17, 131:18, 131:21, 132:14, 132:15, 135:4, 138:9, 139:6, 139:8, 142:18, 144:25, 147:13, 155:30, 156:1

occasion [13] - 2:4, 3:18, 21:22, 24:7, 26:17,

47:24, 95:21, 106:11, 118:29, 122:5, 122:11, 127:4, 154:13

occasionally [4] - 96:13, 97:28, 147:12, 147:13

occasions [13] - 4:29, 26:25, 47:22, 47:25, 66:19, 70:28, 92:18, 121:10, 121:13, 154:6, 154:9, 154:11, 155:20

occupied [1] - 29:7occur [2] - 23:11, 131:23occurred [8] - 8:29, 28:6,

28:26, 34:12, 56:16, 62:17, 93:26, 94:6

occurrences [1] - 12:30October [5] - 8:19, 8:30,

30:28, 31:14, 31:15offence [1] - 63:20offences [2] - 81:28,

81:29offer [2] - 96:15, 116:14offered [1] - 138:9offering [2] - 68:30, 69:1Office [5] - 21:6, 101:18,

145:19, 145:21, 149:24office [16] - 13:5, 46:2,

46:10, 52:24, 52:28, 91:8, 91:23, 91:25, 97:23, 97:27, 107:22, 110:4, 110:15, 111:12, 130:3, 140:5

officer [40] - 8:4, 14:22, 15:1, 16:8, 16:10, 17:10, 17:16, 17:18, 24:13, 25:5, 36:7, 36:8, 36:9, 69:20, 69:23, 78:15, 78:16, 78:23, 79:22, 82:26, 86:5, 88:21, 101:17, 113:1, 117:24, 124:10, 130:11, 131:28, 132:30, 137:30, 138:28, 138:29, 141:29, 142:22, 147:22, 153:8, 153:15, 153:16, 153:18

Officer [14] - 55:7, 55:11, 97:26, 98:28, 99:7, 102:1, 102:3, 102:15, 108:26, 109:1, 109:5, 127:9, 144:27

Officers [3] - 97:6, 97:7, 99:11

officers [59] - 21:10, 24:14, 32:18, 33:8, 33:15, 38:6, 41:21, 43:28, 44:25, 44:28, 45:4, 45:9, 46:3, 46:11, 46:20, 61:4, 61:14, 71:8, 73:23, 78:4, 87:7, 89:27, 92:12, 93:30, 94:10, 96:12, 97:8, 108:30, 109:9, 111:11, 111:20, 113:19, 113:21, 114:17, 115:16, 118:29, 123:15, 126:2, 126:3, 129:25, 129:30, 130:2, 130:9, 130:14, 131:17, 133:11, 140:1, 142:9,

142:10, 142:11, 142:15, 142:19, 146:13, 149:3, 149:6, 150:27, 152:26, 153:23

offices [2] - 52:21, 71:27official [19] - 6:30, 7:13,

9:22, 10:3, 25:18, 26:7, 26:9, 27:25, 29:13, 34:14, 34:23, 35:28, 65:2, 66:15, 69:28, 95:19, 100:2

officials [4] - 76:29, 88:30, 94:16, 94:19

often [12] - 6:14, 9:18, 10:25, 21:3, 38:10, 38:12, 55:10, 58:1, 106:10, 114:22, 115:6, 151:27

Oireachtas [1] - 44:9old [1] - 134:28omitted [2] - 60:14,

154:21ON [1] - 1:1once [8] - 16:19, 21:20,

22:2, 31:29, 32:3, 65:30, 76:25, 126:24

one [68] - 2:26, 3:9, 3:13, 3:14, 6:25, 9:6, 10:29, 11:1, 17:12, 18:13, 20:28, 21:21, 24:26, 26:17, 26:25, 27:18, 32:27, 34:17, 34:20, 35:26, 37:29, 38:2, 45:29, 46:17, 46:24, 48:19, 49:6, 50:6, 52:1, 56:28, 59:3, 59:18, 62:3, 64:22, 65:9, 66:21, 70:4, 70:12, 71:8, 72:3, 76:11, 77:7, 80:29, 82:23, 86:15, 89:13, 90:9, 92:29, 94:9, 107:28, 108:1, 113:20, 114:2, 114:20, 115:17, 118:13, 119:29, 120:17, 122:19, 132:7, 140:2, 143:21, 152:24, 153:29, 154:1, 154:2, 154:18

one-quarter [1] - 20:28ones [2] - 59:11, 59:13onwards [2] - 112:7,

129:1open [3] - 23:17, 31:8,

141:25operate [2] - 121:15,

151:25operated [3] - 91:14,

123:4, 149:3operating [3] - 3:14,

93:30, 139:29operation [30] - 48:15,

98:19, 99:22, 99:28, 100:1, 100:6, 100:8, 100:10, 100:13, 100:21, 104:4, 104:6, 104:10, 105:4, 108:21, 109:26, 112:9, 112:29, 113:11, 113:17, 122:22, 122:24,

136:5, 136:6, 139:20, 145:1, 145:9, 146:16, 151:29

operational [15] - 90:2, 91:5, 92:3, 92:9, 95:20, 97:6, 99:10, 108:7, 110:20, 112:14, 119:8, 123:16, 135:28, 135:30, 144:1

operationally [4] - 105:17, 133:20, 142:29, 144:5

Operations [4] - 23:4, 23:7, 25:9, 64:15

operations [8] - 89:15, 90:14, 99:13, 120:19, 122:12, 122:14, 123:2, 136:3

opinion [5] - 68:19, 69:1, 113:7, 138:7

opinions [1] - 113:6opportunities [2] -

137:12, 137:13opportunity [4] - 41:17,

153:3, 153:27, 153:28oppose [1] - 34:27opposed [3] - 63:25,

63:28, 64:1opposite [1] - 45:5Ops [2] - 102:4, 102:21opted [3] - 28:1, 28:8,

28:21order [15] - 6:26, 11:12,

22:25, 53:13, 58:3, 100:30, 101:2, 103:14, 104:22, 104:23, 114:10, 129:8, 131:12, 141:15, 145:27

ordered [1] - 4:13orders [3] - 112:30,

113:1, 113:8ordinary [2] - 18:9, 28:1organisation [3] - 11:10,

122:12, 153:12organisations [5] - 22:8,

112:27, 134:10, 150:8organise [3] - 104:10,

122:11, 136:5organised [10] - 11:3,

11:5, 11:6, 46:6, 47:18, 97:25, 97:30, 99:22, 122:14, 122:16

organising [3] - 112:11, 145:26, 152:5

original [4] - 24:10, 111:16, 111:17, 152:9

originally [2] - 84:17, 127:3

origins [2] - 144:7, 144:9otherwise [5] - 30:2,

68:9, 75:27, 135:11, 141:21

ought [1] - 131:5ourselves [1] - 100:11outdoor [1] - 35:17outline [3] - 62:5, 69:27,

103:28outlined [2] - 146:17,

154:4outlining [1] - 87:9outlook [1] - 111:24outrageous [1] - 66:21outset [2] - 76:17, 108:21outside [12] - 3:19, 26:9,

27:22, 34:1, 54:30, 78:28, 79:15, 79:21, 99:29, 120:23, 123:4, 134:16

outstanding [1] - 59:18overall [2] - 4:6, 8:1overhead [2] - 93:25,

101:7overheard [2] - 10:14,

112:20overrun [1] - 82:23oversight [1] - 90:5overtaken [1] - 84:15Owen [14] - 2:20, 7:2,

9:28, 13:17, 23:15, 30:25, 80:17, 118:20, 119:4, 120:21, 124:16, 137:7, 139:19, 143:10

own [36] - 11:17, 13:12, 15:19, 20:4, 21:5, 23:29, 24:2, 24:3, 40:18, 41:27, 45:1, 65:11, 71:7, 71:17, 96:29, 99:2, 101:12, 106:19, 110:7, 110:17, 114:20, 115:12, 120:25, 125:12, 129:21, 134:5, 136:5, 138:1, 139:9, 145:22, 146:8, 147:12, 149:20, 152:4, 152:14

owned [3] - 40:4, 40:21, 41:7

owner [3] - 32:23, 33:22, 134:19

owning [4] - 40:12, 40:24, 41:8, 42:11

owns [2] - 20:4, 24:2

Pp.m [4] - 28:12, 29:7,

29:9, 29:11pacifying [1] - 111:24packing [2] - 111:16,

111:17Paddy [3] - 25:22, 25:25,

64:24Page [1] - 1:3page [11] - 18:2, 55:3,

101:9, 101:12, 101:14, 101:15, 102:13, 102:19, 106:16, 120:3, 123:28

paged [1] - 101:10paid [1] - 43:8panel [3] - 64:6, 67:5,

67:6panoply [1] - 36:6papers [4] - 70:19, 85:3,

97:28, 120:19paperwork [1] - 124:3parade [1] - 25:20paragraph [3] - 14:30,

Smithwick Tribunal - 8 September 2011 - Day 30

Doyle Court Reporters Ltd.

13

27:4, 27:8paramilitaries [1] - 146:2paramilitary [1] - 135:18parcel [1] - 49:6pardon [2] - 2:11, 52:23Park [2] - 122:18, 125:20parliament [1] - 153:13parliamentary [1] - 43:15part [18] - 5:14, 27:5,

48:12, 49:5, 71:10, 75:1, 81:4, 81:12, 98:9, 98:14, 99:11, 104:13, 109:25, 125:4, 129:16, 134:2, 141:19, 151:10

participation [1] - 130:27particular [31] - 2:20, 3:4,

4:5, 4:7, 17:29, 20:20, 23:6, 23:8, 25:4, 29:2, 29:8, 31:2, 36:2, 39:6, 44:26, 46:5, 47:24, 62:16, 79:25, 80:5, 88:9, 100:13, 104:8, 119:29, 122:27, 122:28, 124:24, 132:20, 138:27, 143:7, 149:20

particularly [12] - 14:14, 20:25, 22:15, 42:10, 63:14, 88:6, 119:13, 134:7, 145:20, 150:11, 153:14, 154:20

parties [3] - 101:8, 120:9, 154:2

pass [1] - 55:17passage [1] - 24:17passed [5] - 32:1, 43:27,

50:12, 55:12, 70:19passing [1] - 66:9past [14] - 6:14, 12:2,

52:5, 53:16, 82:30, 83:2, 97:19, 107:30, 119:19, 128:2, 132:11, 132:21, 146:4, 154:25

Pat [3] - 9:10, 44:16, 44:20

pathetic [1] - 64:29Patrick [3] - 17:10, 23:22,

35:20Patrick's [2] - 105:25,

106:5patrol [3] - 7:5, 35:28,

80:29patrols [2] - 131:14pause [4] - 10:12, 12:8,

24:22, 99:19pay [6] - 36:24, 36:26,

36:27, 39:2, 40:8, 54:12peaceful [1] - 111:24penalties [3] - 38:2, 38:3,

54:8penalty [4] - 37:30, 50:21,

50:23, 82:1pension [1] - 54:17people [32] - 15:12,

27:16, 33:25, 38:1, 60:6, 61:19, 74:14, 91:18, 92:17, 97:22, 103:6, 109:12, 110:7, 110:13, 110:30, 112:10,

114:1, 114:2, 114:26, 115:16, 119:3, 119:22, 119:26, 123:3, 126:18, 132:26, 148:2, 150:22, 152:10, 152:13, 152:30, 155:22

perceived [2] - 62:13, 88:1

perfectly [3] - 40:25, 63:26, 64:5

perform [1] - 52:29performing [1] - 74:12perhaps [23] - 2:22,

44:20, 45:15, 47:17, 54:16, 55:23, 56:9, 61:1, 66:9, 82:29, 87:9, 97:29, 106:17, 107:8, 120:7, 123:27, 130:7, 133:21, 134:30, 136:1, 138:10, 144:30, 152:6

period [27] - 20:16, 20:29, 21:14, 21:21, 22:2, 25:6, 43:23, 57:20, 66:20, 88:10, 88:11, 88:15, 88:19, 89:20, 95:4, 111:4, 114:10, 117:7, 117:19, 117:29, 122:11, 123:5, 123:14, 130:23, 133:14, 147:19, 155:21

periods [4] - 88:7, 88:9, 93:11, 117:6

permanent [5] - 23:14, 24:27, 26:13, 27:10, 65:23

permanently [1] - 113:2permission [6] - 54:23,

65:4, 65:7, 69:9, 75:27, 113:16

permitted [1] - 52:8person [27] - 27:22,

30:20, 38:9, 39:11, 47:13, 54:21, 55:20, 55:21, 55:25, 55:28, 56:4, 58:4, 67:2, 67:25, 77:1, 77:22, 78:26, 96:6, 103:9, 108:19, 120:22, 127:18, 144:28, 150:29, 151:21, 153:20

personal [9] - 19:22, 19:27, 29:13, 35:16, 94:4, 105:19, 107:21, 115:26, 149:3

personally [3] - 55:9, 68:14, 125:17

personnel [5] - 2:15, 2:24, 50:4, 78:2, 131:11

Personnel [1] - 7:27persons [1] - 77:28perspectives [1] - 98:11pertinent [1] - 93:8philosophy [1] - 105:11Phoenix [2] - 122:17,

125:20phone [5] - 110:14,

113:3, 115:24, 116:4, 116:5

photographs [1] - 104:4

phrase [4] - 34:5, 78:27, 92:15, 100:17

physical [1] - 4:12physically [1] - 105:2pick [1] - 147:11picked [3] - 93:28, 112:5,

151:22picture [1] - 70:7pieces [1] - 145:25PIRA [4] - 43:27, 56:8,

56:26, 133:9place [23] - 4:12, 4:14,

19:7, 20:2, 25:5, 53:24, 58:5, 58:20, 58:25, 76:5, 82:28, 93:18, 97:18, 99:21, 103:29, 105:23, 105:24, 105:27, 106:3, 114:9, 123:21, 129:29, 146:18

placed [4] - 18:6, 55:19, 80:25, 148:6

plain [5] - 88:28, 89:3, 89:5, 99:24, 151:15

plan [5] - 38:18, 47:23, 47:26, 104:1, 151:28

planned [3] - 108:13, 112:9, 132:18

planning [5] - 99:10, 104:2, 104:5, 112:15, 145:25

plans [2] - 98:5plaque [1] - 26:4plates [2] - 113:24,

147:14plenty [1] - 112:26pocket [1] - 115:28point [44] - 8:3, 10:15,

12:19, 14:11, 24:23, 31:22, 31:30, 32:5, 36:19, 37:24, 37:29, 38:23, 42:16, 42:17, 43:29, 46:21, 54:1, 54:19, 59:10, 74:20, 74:26, 78:1, 79:13, 79:29, 96:9, 99:19, 100:13, 101:5, 103:18, 115:13, 116:12, 116:16, 119:5, 120:28, 121:23, 124:24, 126:3, 132:5, 141:16, 150:28, 151:23, 152:9, 154:2

pointed [2] - 50:21, 80:6pointing [3] - 7:18, 7:19,

9:21points [8] - 22:14, 23:29,

42:9, 42:11, 45:28, 102:23, 133:4, 133:9

police [40] - 5:30, 28:1, 88:13, 88:21, 89:27, 89:30, 91:16, 91:22, 91:26, 99:28, 103:25, 118:4, 119:23, 122:15, 122:20, 122:28, 123:15, 125:28, 125:29, 125:30, 126:1, 126:2, 126:3, 132:28, 132:30, 134:16, 134:17, 137:24, 137:30, 138:28, 138:29, 142:9,

144:1, 144:4, 147:10, 147:21, 149:28, 151:3, 152:11

Police [1] - 115:2policeman [1] - 81:5policemen [1] - 137:8policing [2] - 94:8, 149:7Policy [1] - 101:22political [1] - 103:25politician [1] - 99:27politicians [1] - 144:1pool [2] - 115:1, 115:2poor [1] - 151:25populations [1] - 140:6portion [2] - 124:2,

130:29position [18] - 1:7, 1:9,

15:24, 25:6, 29:23, 31:29, 34:21, 40:29, 41:29, 60:7, 75:13, 82:11, 82:12, 92:24, 126:11, 138:21, 141:20, 142:20

positive [7] - 10:7, 10:15, 10:16, 10:19, 18:12, 18:24, 63:10

possession [1] - 35:16possibilities [1] - 70:13possibility [13] - 8:26,

46:18, 48:25, 56:1, 70:1, 70:10, 70:12, 72:22, 74:3, 74:21, 76:8, 137:4, 138:24

possible [9] - 6:9, 45:23, 84:16, 96:12, 105:28, 109:23, 109:24, 109:27, 131:21

possibly [8] - 1:6, 26:4, 27:21, 55:28, 56:13, 105:24, 107:4, 114:3

post [6] - 31:4, 89:6, 90:22, 97:5, 109:28, 150:10

postage [1] - 150:9posted [1] - 87:12posting [1] - 53:10posts [1] - 137:27potentially [3] - 78:29,

79:26, 122:4pound [2] - 39:13, 39:15power [1] - 50:28practical [5] - 92:13,

119:14, 122:22, 132:17, 150:13

practically [2] - 3:12, 119:21

practice [17] - 38:19, 39:17, 95:18, 114:18, 115:6, 123:1, 129:21, 129:26, 129:28, 130:2, 130:5, 130:14, 130:17, 131:23, 149:13, 150:17

practices [2] - 114:19, 147:20

precedent [1] - 144:3precincts [1] - 9:18precious [1] - 126:28precise [2] - 100:24,

135:24precisely [1] - 116:29predated [1] - 80:6predecessor [1] - 44:16predecessors [2] - 32:27,

118:13predetermined [1] -

70:26predicament [1] - 64:6predict [1] - 131:21prefer [3] - 16:25, 35:2,

81:11preferable [1] - 17:30preference [1] - 127:19preferred [3] - 17:6,

27:27, 152:13prejudicial [1] - 17:4premises [5] - 42:11,

72:23, 100:22, 104:8Prenty [7] - 5:21, 25:15,

56:22, 56:30, 64:16, 64:19

preparation [1] - 124:7prepare [1] - 84:15prepared [3] - 10:6,

13:19, 138:30presence [6] - 86:6, 88:7,

93:15, 97:17, 104:22, 151:11

present [15] - 23:25, 32:22, 34:24, 40:28, 72:21, 93:27, 93:28, 98:29, 98:30, 99:1, 99:2, 99:4, 99:8, 99:14, 155:19

presenting [2] - 17:16, 17:18

president [1] - 36:7presumably [10] - 13:13,

22:29, 43:6, 68:7, 92:5, 92:22, 100:3, 101:3, 116:23, 135:7

presume [3] - 98:18, 122:3, 133:29

presumed [1] - 133:29presuming [1] - 98:18pretty [4] - 11:5, 24:23,

35:4, 35:7prevent [2] - 44:22,

145:27previous [13] - 34:1,

47:23, 48:22, 65:28, 75:22, 90:17, 108:12, 121:10, 121:13, 145:24, 154:6, 154:9, 154:11

previously [5] - 32:16, 57:20, 70:3, 136:28, 142:6

priest [1] - 146:1primacy [1] - 89:18primarily [1] - 153:9primary [1] - 134:9Prime [1] - 89:10principally [1] - 21:11principles [1] - 66:5priority [1] - 48:13prisoners [1] - 22:3private [5] - 10:2, 34:23,

Smithwick Tribunal - 8 September 2011 - Day 30

Doyle Court Reporters Ltd.

14

65:11, 115:4, 132:3privilege [4] - 43:15,

55:15, 71:10, 85:4privy [2] - 74:17, 109:23problem [8] - 26:24,

28:30, 35:9, 51:16, 52:27, 133:2, 135:22, 138:5

problematic [1] - 108:13problems [1] - 119:14procedural [1] - 110:21procedure [10] - 38:8,

58:5, 58:22, 58:24, 58:26, 58:27, 59:15, 79:19, 130:30

procedures [7] - 7:18, 57:29, 58:11, 68:17, 101:28, 114:16

proceed [2] - 42:18, 103:14

proceeded [1] - 100:4proceeding [2] - 54:3,

132:9proceedings [10] - 16:17,

16:19, 17:5, 35:23, 36:4, 36:5, 53:14, 54:7, 54:22, 54:28

process [10] - 54:9, 54:20, 58:16, 59:15, 60:18, 73:3, 73:9, 74:15, 100:28, 104:14

processed [2] - 50:14, 145:2

prodigious [1] - 94:4produced [3] - 19:4, 23:3,

67:16productivity [3] - 6:2,

12:23, 43:5professional [1] - 47:19professionals [1] - 149:8programme [12] - 8:21,

8:26, 9:7, 9:12, 44:17, 44:23, 62:9, 62:15, 62:16, 62:23, 62:26, 80:1

projector [2] - 93:25, 106:17

promote [1] - 87:21promoted [5] - 49:24,

49:28, 87:19, 87:23, 87:27

promotion [1] - 87:16promotions [1] - 2:17promptly [1] - 114:13promulgated [1] - 131:1proof [7] - 10:7, 10:15,

10:16, 10:19, 18:24, 37:17, 63:10

proper [6] - 17:25, 24:15, 51:4, 51:30, 52:1, 146:1

properties [3] - 40:21, 40:25, 41:8

property [9] - 24:3, 40:2, 40:9, 40:12, 41:7, 41:10, 41:12, 41:14, 41:28

prophetic [1] - 146:9proposal [3] - 118:22,

145:12, 145:13propose [2] - 1:10, 19:28propriety [1] - 15:6prosecutor [1] - 67:8prospect [1] - 53:23prospective [1] - 117:22protect [1] - 88:3protected [2] - 18:19,

147:7protection [2] - 116:15,

147:14proved [1] - 12:2proven [5] - 35:29, 59:13,

60:14, 60:17, 80:29provide [3] - 71:15,

71:16, 115:3provided [12] - 13:21,

17:19, 43:10, 43:19, 71:22, 73:2, 94:28, 119:16, 140:9, 140:12, 142:13, 142:27

province [1] - 94:2provision [2] - 42:26,

57:29Provisional [4] - 11:17,

47:17, 116:28, 140:13provisions [3] - 15:1,

16:8, 44:24PSNI [2] - 69:11, 101:13pub [1] - 66:22public [8] - 33:19, 33:22,

85:21, 85:26, 86:2, 92:12, 120:10, 156:4

publican [2] - 33:21, 33:23

publicised [1] - 47:15publicly [1] - 60:5purchase [1] - 41:14purchased [1] - 32:20pure [1] - 141:20purely [1] - 103:26purpose [9] - 68:16, 70:6,

70:14, 73:20, 76:9, 76:15, 78:20, 79:28, 152:25

purposes [1] - 92:13pursue [1] - 54:30pursuing [2] - 25:30,

39:12put [39] - 3:2, 6:2, 6:22,

9:24, 12:22, 18:27, 33:25, 35:11, 40:8, 42:19, 46:17, 48:26, 63:16, 64:9, 65:23, 68:14, 74:6, 78:1, 80:13, 82:6, 82:8, 82:28, 85:3, 93:24, 95:30, 96:14, 98:24, 98:25, 101:6, 106:17, 117:30, 120:2, 125:2, 129:29, 131:25, 132:18, 140:23, 147:16, 153:28

putting [3] - 8:6, 19:28, 81:26

Qqualifications [1] - 68:18

quantities [1] - 11:1quarter [3] - 20:28,

107:28Quay [1] - 11:23queries [2] - 23:18, 23:20question-mark [1] - 18:6questioning [3] - 40:27,

41:9, 42:21questions [13] - 41:6,

69:5, 77:3, 77:10, 127:17, 128:20, 148:12, 148:14, 148:16, 148:20, 148:22, 152:17, 152:20

quicker [1] - 152:6quickly [3] - 38:10, 79:8,

139:1quite [32] - 1:9, 10:13,

11:2, 21:27, 25:1, 26:29, 46:8, 46:22, 53:25, 68:25, 69:28, 72:28, 75:13, 80:15, 90:10, 95:25, 96:25, 99:4, 101:9, 109:23, 109:24, 109:27, 112:2, 115:14, 119:24, 126:9, 134:2, 134:20, 138:17, 140:1, 140:4

quoting [1] - 65:28

Rradio [10] - 28:24, 28:25,

28:29, 28:30, 29:1, 29:13, 35:16, 112:3, 132:4, 135:3

raise [5] - 15:9, 16:14, 111:28, 119:5, 150:29

raised [9] - 23:18, 23:20, 23:29, 48:7, 77:29, 101:19, 102:26, 103:18, 103:19

raises [1] - 15:6raison [1] - 92:24rang [3] - 107:17, 107:25,

124:14rank [8] - 15:18, 32:15,

38:5, 54:11, 89:17, 91:3, 91:30, 125:11

ranks [2] - 71:8, 101:4rapid [1] - 120:30rapport [2] - 150:14,

150:15rare [1] - 92:18rather [6] - 6:11, 25:11,

31:17, 45:25, 64:29, 78:21

Rathmullen [2] - 32:24, 40:5

rattled [1] - 110:4RE [4] - 1:9, 1:15, 77:12,

152:22re [7] - 97:11, 106:24,

106:26, 107:22, 108:6, 124:7, 152:24

re-examination [1] - 152:24

RE-EXAMINED [4] - 1:9, 1:15, 77:12, 152:22

re-scheduled [1] - 108:6re-scheduling [1] -

107:22reach [1] - 107:27reached [5] - 13:25, 56:2,

74:10, 76:17, 127:28reaction [2] - 99:20,

141:5read [18] - 22:2, 23:10,

44:13, 70:18, 95:24, 95:25, 97:1, 106:18, 106:20, 106:21, 120:8, 120:10, 120:11, 120:12, 120:13, 124:1, 143:10, 153:4

reader [1] - 66:10reading [4] - 1:10, 23:11,

103:22, 133:7reads [1] - 96:4ready [2] - 1:18, 138:11real [2] - 139:20, 150:21realised [1] - 110:9really [15] - 3:6, 7:5,

13:12, 21:26, 28:8, 34:8, 42:13, 43:21, 44:1, 81:4, 81:21, 108:7, 115:11, 125:10, 126:29

reason [21] - 3:16, 6:14, 6:16, 7:28, 23:6, 26:26, 29:2, 48:29, 55:30, 76:20, 78:28, 82:12, 124:13, 124:22, 125:22, 125:24, 135:11, 142:5, 145:18, 148:8, 153:4

reasons [4] - 18:10, 18:17, 92:10, 99:25

reassess [1] - 144:28reassign [1] - 50:28reassured [1] - 137:3rebuke [2] - 21:22, 24:8recalled [1] - 36:25receive [2] - 113:26,

126:13received [12] - 6:4, 6:6,

8:9, 8:14, 10:4, 12:3, 15:28, 21:19, 131:3, 131:8, 131:9, 136:25

receiving [3] - 12:28, 20:7, 42:22

recent [2] - 21:29, 21:30recently [2] - 101:19,

124:20reckless [1] - 149:14recognise [1] - 61:22recognised [3] - 110:9,

120:27, 121:28recognition [1] - 41:22recollect [1] - 77:21recollection [20] - 9:13,

27:19, 29:18, 30:16, 43:8, 55:24, 56:24, 56:30, 57:2, 72:5, 72:24, 77:14, 90:11, 90:15, 96:25, 99:9, 102:30, 106:12, 108:28, 109:29

recommend [2] - 30:29,

32:13recommendation [3] -

21:10, 31:16, 53:9recommendations [2] -

17:26, 26:21recommended [3] - 18:4,

19:5, 27:27recommends [1] - 31:6record [14] - 24:6, 51:21,

57:23, 58:19, 59:23, 59:24, 60:4, 71:13, 97:2, 106:18, 123:9, 124:1, 143:2, 153:7

recorded [10] - 7:16, 9:19, 64:14, 95:23, 118:28, 118:30, 123:26, 135:13, 135:18, 138:1

records [6] - 6:30, 27:25, 72:16, 96:9, 107:14, 123:23

recreate [1] - 151:30recrossing [1] - 129:22red [1] - 133:2redacted [2] - 96:1, 101:7reduce [1] - 38:5reduction [2] - 54:11redundant [1] - 54:28refer [7] - 10:12, 12:22,

16:3, 32:6, 34:9, 77:1, 91:27

reference [13] - 7:4, 7:6, 9:4, 23:20, 62:16, 72:15, 95:16, 95:26, 95:27, 96:3, 108:16, 109:15, 143:10

references [1] - 120:13referred [6] - 8:28, 16:11,

27:30, 29:20, 45:20, 114:28

referring [5] - 33:10, 34:10, 34:15, 121:4, 126:25

refers [4] - 7:1, 8:19, 30:25, 101:15

reflection [1] - 124:27refresh [1] - 110:11refused [1] - 27:11regard [6] - 13:23, 31:5,

34:21, 65:4, 120:1regarded [7] - 12:4,

32:25, 32:26, 82:4, 118:24, 140:26, 141:5

regarding [6] - 13:21, 14:3, 29:23, 43:28, 75:15, 106:30

regards [2] - 13:7, 45:1regiment [1] - 94:1region [2] - 90:5, 94:11Regional [1] - 102:22register [1] - 86:6registered [1] - 134:19registration [5] - 116:9,

117:2, 132:22, 134:27, 135:1

regular [6] - 51:4, 92:6, 108:3, 117:15, 117:16, 118:1

regularly [1] - 53:25

Smithwick Tribunal - 8 September 2011 - Day 30

Doyle Court Reporters Ltd.

15

regulation [1] - 40:12Regulation [1] - 17:8Regulations [6] - 15:2,

16:9, 17:9, 29:21, 35:14, 50:22

regulations [13] - 16:29, 16:30, 17:1, 17:19, 17:20, 17:22, 22:19, 34:26, 40:15, 51:7, 51:11, 51:12, 54:21

rehearse [2] - 140:19, 151:24

reinitiate [1] - 142:7reinitiated [1] - 142:2reiterate [1] - 12:19reject [1] - 40:29rejected [1] - 53:10relate [3] - 12:15, 54:9,

67:17related [9] - 35:27, 56:25,

63:1, 94:12, 100:8, 112:16, 120:19, 149:30, 153:9

relating [2] - 6:24, 14:29relation [27] - 2:6, 2:20,

2:22, 3:20, 4:21, 34:11, 37:29, 44:17, 46:14, 51:2, 53:15, 56:4, 66:15, 95:8, 98:21, 103:1, 110:21, 119:5, 124:12, 126:23, 126:30, 129:21, 136:26, 137:15, 138:8, 154:4

relations [2] - 4:17, 142:14

relationship [8] - 4:30, 13:24, 21:17, 24:13, 89:28, 137:2, 144:3, 146:22

relatively [2] - 59:30, 96:20

released [1] - 107:1relevance [2] - 7:3, 88:9relevant [3] - 7:5, 27:26,

124:1reliable [2] - 135:7, 150:9reliance [1] - 148:7relied [1] - 115:12religious [1] - 149:11relive [1] - 155:21rely [1] - 135:7remain [4] - 34:28, 35:2,

123:6, 124:18remained [4] - 36:24,

87:13, 87:18, 87:23remaining [1] - 82:5remains [1] - 85:18remember [4] - 2:26, 9:7,

76:3, 94:6remit [3] - 11:17, 28:18,

69:27remotely [1] - 93:6removed [2] - 19:6,

115:30rendezvous [3] - 120:28,

121:26, 141:17renew [1] - 123:11repeat [4] - 46:8, 74:25,

110:18, 144:19repeated [1] - 137:25repeating [2] - 62:18,

73:19replace [1] - 87:18replaced [2] - 2:28, 16:29reply [1] - 63:3report [49] - 6:17, 6:21,

6:29, 6:30, 7:8, 7:10, 7:23, 8:3, 8:9, 8:13, 8:18, 8:29, 10:20, 15:4, 15:26, 16:5, 16:11, 19:19, 22:3, 23:8, 23:22, 24:10, 25:8, 25:19, 29:12, 31:22, 35:26, 36:20, 36:22, 40:2, 45:19, 50:25, 51:24, 51:26, 51:28, 52:10, 67:30, 75:23, 76:21, 80:3, 80:4, 101:24, 102:24, 103:12, 109:14, 124:7, 132:12, 132:16, 145:3

reported [14] - 22:24, 24:3, 28:13, 29:10, 36:17, 52:2, 52:30, 53:22, 60:5, 82:13, 90:18, 103:17, 135:3, 156:1

reporting [6] - 7:27, 50:9, 51:22, 52:6, 53:20, 138:5

reports [8] - 6:6, 6:23, 10:4, 12:28, 19:4, 44:13, 69:19, 119:8

representation [1] - 154:2

representatives [1] - 27:20

reprimand [1] - 38:5reprimands [1] - 54:11Republican [1] - 121:11reputation [3] - 4:21,

4:23, 14:24request [1] - 104:20requested [4] - 25:9,

97:28, 108:27, 109:16require [3] - 11:1, 68:19,

78:21required [10] - 9:17, 29:5,

35:19, 53:23, 65:2, 65:5, 78:26, 107:25, 123:16, 129:17

requirement [3] - 60:5, 130:13, 130:17

residents [1] - 151:20resources [1] - 100:25respect [14] - 58:14,

60:30, 61:12, 62:7, 63:23, 68:5, 73:23, 76:4, 81:12, 99:15, 106:28, 117:26, 131:17, 131:24

respond [7] - 28:27, 67:19, 67:26, 67:28, 67:29, 125:3, 145:15

response [7] - 15:28, 31:8, 31:9, 132:12,

132:17, 146:9, 149:16responsibility [3] - 89:21,

131:9, 135:28responsible [3] - 7:30,

89:30, 145:26restricted [1] - 115:17result [6] - 22:5, 26:14,

32:12, 36:2, 65:24, 73:22

resume [1] - 128:17RESUMED [2] - 1:1,

128:12retain [1] - 41:22retire [5] - 37:21, 54:15,

54:22, 54:26, 156:5retired [7] - 37:28, 38:20,

54:7, 82:26, 86:4, 125:13, 139:18

retirement [3] - 32:12, 39:19, 54:21

retiring [1] - 4:16retrospectively [2] -

96:13, 96:17return [2] - 29:1, 86:2returned [10] - 9:18, 29:3,

87:22, 106:30, 120:17, 120:20, 123:10, 123:13, 124:9, 141:30

reveals [2] - 65:20, 81:11revert [2] - 27:2, 96:29reverted [2] - 18:5, 18:9Review [10] - 27:12,

27:15, 29:24, 30:24, 30:27, 31:29, 32:9, 53:7, 53:9, 64:13

review [2] - 18:16, 43:11reviewed [1] - 108:11revisit [2] - 52:18, 77:30rewarding [1] - 42:26riding [1] - 14:26rife [1] - 62:27rightly [1] - 98:12ring [1] - 132:5rise [3] - 42:7, 82:29,

128:10rises [1] - 127:18risk [12] - 45:8, 45:9,

115:5, 119:27, 121:29, 129:24, 129:27, 147:18, 149:22, 152:4, 152:12

road [18] - 31:20, 47:5, 104:11, 114:14, 114:20, 114:21, 114:24, 114:25, 131:1, 131:11, 131:16, 131:22, 131:25, 131:27, 132:13, 132:22, 139:3, 152:11

Road [4] - 88:16, 122:17, 130:23, 130:28

roads [4] - 45:20, 45:29, 135:25, 139:3

roadways [1] - 135:26Roadwood [1] - 28:10roamed [1] - 47:20robbed [1] - 150:10robberies [1] - 20:17robbers [1] - 25:30ROBINSON [9] - 1:8,

1:14, 69:7, 69:9, 77:3, 148:22, 148:28, 148:30, 152:17

Robinson [2] - 69:10, 77:5

role [13] - 88:26, 88:27, 90:7, 92:23, 98:12, 104:24, 104:28, 104:30, 105:7, 105:16, 115:14, 129:16

room [2] - 86:2, 155:19Room [4] - 29:4, 131:8,

131:10, 131:18rough [1] - 130:7round [1] - 72:28route [7] - 47:6, 47:27,

122:19, 130:6, 130:8, 130:15, 131:20

routes [3] - 45:23, 114:18, 138:15

routine [3] - 106:23, 106:26, 154:28

Rowan [2] - 9:7, 80:10RTE [10] - 8:21, 9:6, 9:11,

44:16, 44:22, 62:8, 62:15, 62:23, 62:26, 80:1

RUC [31] - 44:25, 44:28, 45:9, 46:3, 55:16, 55:23, 61:4, 61:14, 82:26, 86:4, 87:6, 87:10, 87:11, 88:16, 89:16, 89:18, 90:13, 90:16, 108:30, 109:14, 113:1, 113:11, 113:21, 117:24, 119:25, 126:5, 139:21, 139:29, 141:29, 150:27

rule [1] - 155:30ruling [6] - 1:6, 1:11,

1:17, 42:6, 84:14, 84:15rumour [9] - 10:26, 63:11,

66:13, 100:21, 125:26, 126:4, 137:24, 137:25

rumours [11] - 37:2, 62:27, 126:6, 126:8, 126:10, 126:16, 126:17, 126:18, 126:19, 137:21

run [1] - 123:21running [1] - 50:6Rural [10] - 89:29, 89:30,

90:25, 97:12, 97:26, 98:16, 99:7, 100:2, 101:2, 102:22

SS.O [1] - 102:1safe [1] - 11:2safety [4] - 92:11, 92:19,

93:9, 147:7sake [1] - 116:19salary [1] - 36:3sale [1] - 33:19sales [1] - 10:28salient [1] - 126:3sanctioned [3] - 51:11,

118:30, 124:10

sandwich [1] - 110:3sat [2] - 98:3, 99:29satisfied [6] - 45:2, 49:4,

74:11, 76:22, 149:27, 153:23

Saturday [1] - 106:11saved [4] - 141:10,

141:11, 141:23, 141:24saving [1] - 141:29saw [1] - 72:24scale [4] - 10:24, 11:4,

11:6, 81:28scenario [1] - 138:24scene [7] - 66:25, 104:8,

109:26, 132:9, 132:14, 132:26, 132:27

sceptical [1] - 12:4schedule [1] - 84:16scheduled [2] - 20:1,

108:6scheduling [1] - 107:22schooling [1] - 24:2scramble [1] - 138:11screen [9] - 19:28, 32:8,

84:9, 95:11, 95:25, 96:1, 142:30, 144:24, 145:2

SDU [6] - 4:8, 18:30, 19:8, 23:14, 26:14, 27:10

search [3] - 56:13, 56:23, 56:25

searched [1] - 115:29searches [1] - 56:27seat [1] - 84:9second [16] - 6:9, 10:12,

12:8, 18:2, 24:22, 35:23, 41:26, 77:16, 82:7, 101:12, 101:14, 102:19, 103:19, 106:16, 120:17, 145:7

secondary [2] - 45:29, 131:24

secondly [1] - 35:18Secretary [18] - 93:15,

94:3, 94:26, 95:22, 98:2, 98:20, 99:24, 99:27, 100:30, 102:25, 103:4, 103:13, 103:20, 144:10, 144:21, 144:26, 145:11, 145:17

section [2] - 23:7, 142:30sections [1] - 139:24secure [1] - 151:29secured [3] - 111:12,

111:13, 111:19Security [16] - 7:26, 7:27,

8:2, 8:4, 15:10, 15:20, 15:23, 23:6, 27:3, 31:26, 50:26, 50:27, 51:3, 52:6, 69:23, 122:17

security [19] - 44:25, 45:2, 45:12, 88:1, 88:4, 92:11, 92:19, 93:9, 101:21, 101:22, 109:9, 117:22, 117:30, 122:24, 126:15, 145:25, 149:15, 149:30

Smithwick Tribunal - 8 September 2011 - Day 30

Doyle Court Reporters Ltd.

16

see [19] - 4:26, 16:26, 42:10, 42:18, 58:20, 60:7, 74:29, 78:19, 81:27, 95:19, 96:3, 97:21, 99:15, 99:17, 105:10, 118:11, 126:24, 126:27, 127:17

seed [1] - 19:5seek [3] - 113:15, 123:17,

143:23seeking [1] - 22:22seeks [1] - 40:27seem [3] - 38:25, 55:27,

96:19sell [2] - 33:22, 33:23selling [2] - 37:3, 63:8sending [1] - 50:27sends [1] - 102:22senior [36] - 21:10, 24:13,

32:18, 33:15, 34:19, 45:4, 69:20, 69:22, 78:14, 78:15, 78:16, 78:23, 79:22, 88:20, 88:30, 94:19, 97:8, 101:16, 102:4, 102:5, 102:14, 102:15, 110:30, 113:1, 113:11, 113:16, 119:1, 119:3, 123:18, 124:10, 126:2, 138:28, 138:29

Senior [3] - 102:4, 102:21, 138:3

seniority [1] - 127:23sense [9] - 3:1, 4:12,

16:20, 45:15, 50:6, 84:18, 89:2, 89:17, 123:12

sensitive [5] - 13:27, 114:29, 122:25, 122:26

sensitivity [1] - 123:2sent [4] - 7:23, 22:28,

52:16, 69:17sentence [2] - 22:2, 23:18separate [4] - 50:19, 51:6,

91:21, 91:22SEPTEMBER [2] - 1:1,

156:9September [1] - 11:21sequence [1] - 53:5Sergeant [105] - 3:12,

4:24, 5:11, 5:15, 7:2, 7:21, 8:20, 9:8, 9:28, 9:30, 10:5, 11:20, 11:24, 13:20, 14:1, 14:29, 15:19, 16:6, 17:3, 18:4, 18:28, 18:30, 20:13, 23:15, 24:1, 24:7, 24:10, 24:18, 25:7, 25:14, 25:17, 25:22, 25:24, 25:26, 25:27, 25:28, 25:29, 27:5, 27:9, 27:24, 27:30, 28:11, 28:12, 28:17, 29:8, 29:9, 30:25, 32:12, 32:15, 33:16, 33:28, 34:20, 35:17, 40:16, 40:18, 42:10, 42:25,

50:28, 51:14, 51:17, 52:2, 64:16, 64:24, 65:20, 66:24, 75:14, 87:16, 87:18, 118:12, 118:17, 118:20, 118:27, 119:4, 119:12, 119:17, 119:30, 121:4, 121:12, 121:17, 121:21, 123:7, 123:24, 124:8, 124:12, 124:21, 125:10, 125:27, 126:26, 136:16, 139:19, 139:29, 140:9, 140:16, 141:10, 141:22, 142:2, 142:20, 142:26, 143:2, 143:10, 154:8, 154:14

Sergeant's [1] - 40:8Sergeants [4] - 3:15,

5:18, 32:14, 38:7series [1] - 79:6serious [8] - 3:7, 28:6,

28:26, 35:20, 63:14, 65:4, 66:21, 123:16

serious.. [1] - 82:4serve [2] - 15:7, 33:17served [14] - 11:22,

11:25, 17:9, 21:15, 22:19, 32:16, 40:13, 67:14, 87:20, 88:11, 113:6, 122:8, 125:28, 125:29

service [22] - 18:14, 18:18, 24:9, 32:18, 32:24, 34:1, 38:8, 50:20, 51:18, 88:8, 93:11, 112:23, 112:29, 113:4, 113:10, 114:9, 114:13, 117:7, 117:8, 138:10, 138:21, 149:27

Service [1] - 115:2Services [1] - 87:24services [1] - 88:4serving [2] - 21:4, 91:7set [15] - 10:23, 21:21,

22:26, 35:23, 36:14, 38:15, 39:14, 39:16, 45:16, 47:26, 51:11, 58:24, 59:7, 137:7, 141:15

sets [1] - 20:2setup [1] - 132:15several [2] - 4:15, 112:29severe [1] - 115:5share [2] - 21:27, 118:3shared [6] - 10:9, 92:13,

100:5, 130:9, 137:16, 146:25

sharing [1] - 92:7shed [1] - 90:19shift [4] - 3:15, 38:10,

78:9, 78:12shocked [1] - 47:12shoot [1] - 112:30shootings [2] - 20:16,

70:8shoplifting [4] - 26:14,

30:6, 65:24, 66:8short [4] - 34:25, 96:20,

126:21, 128:9

shortly [5] - 9:14, 87:29, 116:18, 132:9

shot [7] - 25:30, 64:25, 64:26, 87:18, 141:7

show [4] - 24:6, 49:2, 60:14, 61:15

showing [1] - 9:18shown [2] - 47:6, 81:30shrewd [2] - 11:26, 24:11shrewdness [1] - 30:1shut [1] - 28:7sic) [1] - 42:12sick [21] - 36:18, 36:20,

36:22, 36:24, 36:29, 37:1, 37:4, 39:8, 52:30, 53:20, 53:22, 53:23, 63:7, 68:5, 68:6, 68:7, 68:13, 68:15, 68:22, 82:13

sickness [1] - 63:9side [12] - 5:12, 11:27,

12:10, 24:12, 32:1, 44:30, 46:17, 89:13, 90:16, 117:23, 151:28, 155:9

sides [2] - 45:2, 125:26sight [2] - 132:8, 132:27sign [2] - 110:6, 152:26signals [1] - 112:3signature [2] - 143:8,

153:29signed [5] - 118:29,

124:25, 143:6, 153:6, 153:24

Silverbridge [1] - 114:4similar [3] - 47:26, 75:10,

101:29simple [1] - 140:21simply [6] - 16:15, 37:27,

62:13, 76:7, 114:25, 134:20

single [1] - 22:3singled [2] - 42:14, 42:16Siochana [28] - 15:2,

16:9, 17:8, 29:20, 40:22, 41:8, 41:11, 41:24, 41:26, 41:27, 49:22, 55:22, 57:11, 57:15, 57:22, 57:26, 58:4, 58:6, 58:10, 60:2, 60:8, 62:12, 63:6, 63:16, 66:6, 105:8, 119:9, 122:15

site [2] - 32:23, 40:4situation [7] - 28:6,

100:7, 118:9, 119:24, 119:26, 122:5, 132:16

six [4] - 36:27, 87:11, 119:20, 155:20

sixth [1] - 116:13sky [1] - 14:26slightly [5] - 11:18, 93:7,

95:13, 107:5, 107:6Sligo/Leitrim [1] - 25:29slip [1] - 27:6slowly [2] - 118:17, 140:6small [2] - 5:16, 54:1smuggled [1] - 10:30

smugglers [1] - 145:3smuggling [35] - 7:1,

8:21, 10:5, 10:9, 10:13, 10:22, 10:26, 10:27, 10:28, 11:3, 11:11, 18:9, 18:25, 34:16, 44:17, 61:10, 61:11, 61:19, 61:22, 61:26, 61:30, 62:7, 62:9, 62:26, 62:30, 63:1, 63:3, 63:18, 75:7, 75:15, 75:26, 76:12, 76:19, 101:29, 112:13

so.. [5] - 30:18, 70:20, 79:6, 140:18, 151:15

social [3] - 26:25, 76:27, 95:21

socially [1] - 146:15sold [1] - 63:6sole [2] - 5:10, 142:17solely [1] - 116:26solicitor [2] - 86:7,

155:28Solicitors [1] - 86:12solved [1] - 119:14someone [5] - 56:10,

78:23, 79:10, 130:3sometimes [5] - 100:20,

100:21, 147:11, 149:26son [1] - 107:1soon [3] - 77:27, 84:19,

117:24sorry [19] - 5:4, 14:20,

19:25, 39:29, 40:7, 42:19, 46:10, 66:29, 85:26, 85:29, 93:21, 98:30, 100:15, 116:9, 130:10, 136:1, 147:28, 147:29

Sorry.. [1] - 110:22sort [14] - 3:2, 3:11, 4:17,

4:18, 8:6, 14:28, 19:4, 27:6, 28:7, 45:15, 50:11, 55:19, 89:1, 118:25

sought [4] - 61:28, 63:23, 63:25, 129:11

sounding [1] - 81:1source [39] - 8:25, 44:4,

56:7, 78:22, 78:26, 80:7, 92:21, 120:15, 120:16, 120:17, 120:21, 120:26, 121:2, 121:3, 121:7, 121:8, 121:10, 121:13, 121:14, 121:18, 121:25, 126:10, 126:25, 126:26, 126:27, 139:8, 140:29, 141:17, 142:6, 142:7, 142:12, 147:28, 147:29, 147:30, 148:1, 148:6, 154:5, 154:14

sources [5] - 8:26, 11:30, 24:20, 48:23, 137:24

south [26] - 11:19, 45:6, 45:13, 47:23, 93:5, 93:30, 104:18, 104:19, 111:20, 111:25, 114:17, 115:9, 117:16, 120:14,

122:21, 122:30, 127:1, 127:3, 135:18, 135:22, 145:30, 148:4, 149:7, 149:28, 150:16, 152:6

South [5] - 10:30, 11:16, 87:26, 88:14, 89:22

southern [1] - 151:10sow [1] - 19:4space [1] - 120:30spare [1] - 13:25sparse [1] - 103:22speaker [1] - 107:5speaking [4] - 28:2,

106:12, 119:27, 154:19Special [28] - 4:3, 13:26,

19:1, 19:2, 21:3, 88:11, 88:13, 88:15, 88:19, 88:26, 89:1, 89:3, 92:29, 102:8, 102:9, 111:29, 117:8, 118:15, 119:2, 119:3, 119:25, 122:8, 122:17, 123:6, 133:15, 136:23, 136:24, 139:23

special [2] - 55:19, 71:9specific [5] - 44:30,

56:28, 63:15, 131:1, 135:24

specifically [7] - 2:22, 48:27, 59:29, 70:23, 114:12, 117:26, 130:19

speculation [3] - 63:12, 100:20, 141:20

speculative [3] - 103:9, 103:23, 103:26

spell [1] - 107:8spells [1] - 24:26spent [6] - 49:28, 49:29,

50:2, 87:11, 87:15, 115:14

SPM [4] - 101:19, 101:20, 103:5, 103:19

spoken [2] - 80:11, 154:26

sporadic [1] - 137:21spotted [1] - 121:27Square [2] - 19:2, 23:14St [2] - 105:25, 106:5staff [3] - 71:28, 72:4,

97:10Staff [14] - 55:7, 55:11,

97:26, 98:28, 99:7, 99:10, 102:1, 102:3, 102:15, 108:26, 109:1, 109:5, 127:8, 127:9

stage [21] - 6:21, 13:25, 29:22, 32:17, 35:7, 54:4, 55:5, 57:1, 70:2, 76:28, 94:9, 94:29, 100:27, 101:8, 108:11, 110:27, 116:14, 119:6, 144:12, 145:5, 145:28

stages [1] - 4:20stand [1] - 134:15standard [2] - 19:16,

123:1stands [2] - 81:16, 102:5star [1] - 14:26

Smithwick Tribunal - 8 September 2011 - Day 30

Doyle Court Reporters Ltd.

17

start [3] - 40:20, 41:1, 41:9

started [1] - 36:20starting [1] - 69:30state [3] - 62:7, 63:10,

111:19State [19] - 6:1, 60:6,

93:15, 94:3, 94:26, 95:22, 98:20, 99:24, 99:27, 100:30, 102:26, 103:5, 103:13, 103:20, 144:10, 144:21, 144:26, 145:11, 145:17

State's [1] - 98:3Statement [1] - 132:19statement [17] - 55:3,

60:24, 72:7, 73:2, 73:4, 73:12, 77:19, 94:28, 111:9, 111:28, 119:16, 133:3, 133:7, 135:13, 136:16, 136:26, 137:14

statements [1] - 144:9stating [2] - 35:4, 140:26station [66] - 3:14, 3:18,

3:19, 6:12, 9:8, 9:18, 9:20, 14:7, 19:6, 19:18, 19:19, 24:23, 24:27, 25:2, 25:26, 25:29, 29:1, 31:4, 33:6, 33:8, 33:11, 33:12, 34:13, 35:19, 35:30, 40:13, 46:20, 46:24, 62:28, 69:29, 70:7, 70:30, 71:2, 71:8, 71:18, 71:20, 71:26, 72:16, 72:26, 72:28, 74:6, 74:14, 74:23, 74:29, 76:14, 77:18, 78:5, 78:19, 78:23, 79:12, 79:16, 79:26, 88:13, 91:23, 91:26, 109:18, 122:2, 131:10, 134:16, 134:17, 139:21, 139:30

Station [17] - 2:7, 3:3, 5:11, 23:15, 31:5, 47:29, 49:4, 55:8, 65:16, 73:24, 75:10, 80:17, 117:20, 117:26, 118:11, 126:15, 139:20

stationed [2] - 32:28, 51:18

stations [4] - 44:25, 122:21, 142:16, 146:22

statistics [1] - 20:18statue [1] - 26:4statutory [1] - 58:5stay [1] - 24:12stead [1] - 95:5step [1] - 74:29steps [8] - 4:1, 4:15,

30:15, 56:5, 56:11, 56:15, 89:19, 147:6

sterling [1] - 5:30stick [1] - 56:28still [9] - 39:1, 47:17,

107:7, 108:18, 113:24, 124:16, 133:29, 137:9, 142:27

stop [2] - 8:13, 37:24stopped [1] - 37:28stored [1] - 52:20Stormont [8] - 93:14,

94:16, 95:26, 95:27, 96:4, 96:10, 96:27, 99:21

story [1] - 152:15straight [1] - 126:7strange [6] - 94:25,

114:22, 147:9, 151:21, 152:14

strategically [1] - 108:14Street [3] - 32:21, 40:4,

53:13strength [3] - 20:27,

20:28, 44:2stress [3] - 10:16, 18:21,

155:18stressed [1] - 18:22stretched [1] - 89:22strictly [1] - 154:19strive [1] - 100:23strong [4] - 18:13, 18:23,

37:2, 61:24strongly [2] - 34:27, 35:4strove [1] - 100:24structure [3] - 90:8,

90:24, 91:4structured [1] - 118:1stuff [1] - 104:5Sub [1] - 25:28subdivisional [1] -

109:16subject [8] - 1:10, 22:6,

34:24, 57:26, 71:13, 87:30, 114:4, 148:23

subjected [3] - 57:11, 59:26, 60:8

submachine [1] - 141:25submit [1] - 69:19submitted [3] - 37:13,

67:30, 119:8subordinate [2] - 78:22,

101:4subordinates [2] - 21:18,

149:10subsequent [5] - 10:19,

15:4, 17:4, 111:30, 112:17

subsequently [11] - 2:16, 25:20, 29:11, 29:16, 30:9, 30:10, 44:14, 88:24, 122:7, 135:14, 140:30

subsistence [3] - 152:29, 153:5, 153:10

substance [1] - 126:10substantial [1] - 5:18substantiated [1] -

126:20substantive [1] - 43:19subversion [1] - 146:5subversive [5] - 10:3,

11:10, 12:1, 13:30, 22:7subversives [18] - 11:6,

11:8, 11:12, 20:22, 22:6, 46:7, 46:14,

55:29, 74:24, 74:30, 75:2, 75:4, 75:14, 75:27, 76:12, 82:18, 121:28, 151:16

succeeded [1] - 4:16successfully [1] - 39:1sufficient [3] - 32:14,

44:22, 113:20sufficiently [1] - 143:18suggest [9] - 41:13,

56:22, 65:19, 67:9, 68:11, 76:20, 82:28, 102:27, 112:8

suggested [7] - 31:3, 31:5, 68:5, 81:19, 104:16, 127:1, 143:17

suggesting [5] - 40:14, 68:12, 68:20, 68:27, 68:30

suggestion [5] - 31:10, 44:15, 61:7, 61:23, 62:14

suggestions [1] - 149:17suggests [3] - 80:18,

82:16, 130:22suitability [1] - 18:6suitable [2] - 34:21, 115:3summary [1] - 58:28Sunday [1] - 106:12super [2] - 94:17, 144:23Super [2] - 123:18,

145:17supercilious [1] - 125:11Superintendent [98] -

2:14, 2:27, 2:28, 5:19, 6:7, 6:18, 7:11, 7:12, 8:10, 8:18, 15:16, 15:17, 16:11, 17:10, 17:13, 22:29, 23:22, 23:24, 34:30, 35:20, 35:27, 36:10, 42:30, 44:21, 49:25, 49:29, 49:30, 51:8, 51:22, 51:25, 51:26, 52:3, 52:17, 52:25, 52:26, 55:6, 55:7, 56:4, 56:19, 62:21, 78:17, 80:5, 87:23, 87:27, 90:7, 90:8, 90:18, 90:27, 93:13, 94:21, 94:25, 96:2, 96:17, 96:23, 99:20, 104:18, 105:18, 105:22, 106:2, 106:24, 106:29, 107:15, 108:15, 108:19, 108:20, 108:25, 108:27, 109:4, 110:1, 110:2, 111:5, 111:29, 115:8, 115:10, 115:20, 115:21, 124:14, 124:28, 125:14, 125:18, 125:19, 125:21, 125:22, 129:5, 131:6, 131:19, 133:27, 134:12, 135:5, 135:15, 142:16, 154:23

Superintendent's [4] - 15:3, 95:29, 115:24, 116:21

Superintendents [11] -

17:13, 21:15, 21:16, 24:17, 90:9, 90:11, 115:26, 129:12, 134:6, 138:15, 142:16

superior [15] - 5:20, 23:23, 25:4, 25:14, 68:21, 68:28, 90:19, 90:28, 91:2, 91:4, 94:22, 130:3, 138:3, 152:25, 153:23

superiors [9] - 10:2, 11:27, 12:10, 21:21, 24:7, 24:12, 24:28, 28:3, 125:20

supervised [2] - 8:1, 153:13

supervising [6] - 35:17, 36:7, 118:28, 145:27, 153:15, 153:16

supervision [5] - 22:5, 34:30, 35:5, 35:6, 120:18

supervisors [1] - 28:14supper [8] - 93:17, 98:3,

98:20, 103:13, 108:22, 145:7, 145:14, 146:16

supplied [1] - 120:1supply [3] - 13:16,

101:14, 120:7support [5] - 21:11,

37:13, 53:30, 126:20, 146:20

supported [2] - 26:18, 118:16

supports [1] - 42:22suppose [7] - 1:17,

43:21, 44:1, 44:3, 108:14, 144:7, 150:26

supposed [2] - 63:7, 127:3

surely [7] - 75:24, 79:7, 118:17, 140:7, 141:17, 146:27, 151:10

surgeon [1] - 36:25surprise [3] - 44:19, 93:2,

93:4surprised [4] - 43:30,

44:1, 55:13, 69:22surrounding [1] - 73:21Surveillance [1] - 133:18surveillance [7] - 13:11,

13:14, 47:22, 55:19, 133:22, 134:13

surveilled [1] - 135:9suspect [11] - 56:26,

78:20, 78:24, 78:25, 78:30, 79:1, 79:3, 114:15, 139:3, 153:1

suspected [13] - 6:8, 7:1, 8:5, 10:1, 26:14, 62:29, 65:24, 75:7, 76:11, 76:19, 79:3, 94:11, 103:7

suspects [1] - 61:19suspended [1] - 54:3suspensions [1] - 54:11suspicion [10] - 11:28,

18:13, 61:24, 75:11,

75:15, 118:24, 140:4, 140:9, 141:14, 146:28

suspicions [1] - 75:25suspicious [1] - 116:4sustain [1] - 18:11switched [1] - 28:29SWORN [2] - 2:1, 87:1sworn [2] - 27:28, 85:30symbols [1] - 146:4sympathies [1] - 76:14system [2] - 58:22,

103:23systems [1] - 133:14Síochána [20] - 90:12,

92:23, 98:13, 100:11, 104:3, 104:11, 104:13, 104:20, 105:2, 105:16, 107:18, 109:1, 117:12, 118:7, 126:6, 128:25, 128:28, 130:6, 141:28, 146:21

Ttable [3] - 93:29, 94:3,

145:16tactically [1] - 108:14tailed [2] - 12:23, 43:6talks [1] - 101:19target [5] - 100:26,

127:12, 139:4, 144:28, 150:30

targeting [1] - 113:19targets [6] - 109:12,

113:3, 113:12, 113:17, 151:8, 152:12

task [4] - 48:2, 49:6, 95:20

tasks [1] - 111:7tea [1] - 97:29team [2] - 98:14, 114:14technical [3] - 14:29,

54:1, 112:19Technical [2] - 21:1,

49:25Telecom [1] - 134:30telephone [9] - 69:26,

94:17, 105:3, 116:27, 134:20, 143:22, 150:9, 154:24

telephoned [1] - 132:28telephones [4] - 132:3,

150:6, 150:7, 151:26television [3] - 8:21,

10:23, 62:8telex [5] - 110:4, 131:1,

131:9, 131:24temporarily [1] - 116:18temporary [2] - 87:17,

111:4ten [4] - 47:9, 82:29, 83:2,

145:23tenants [1] - 32:23tend [1] - 140:1tenure [1] - 99:12term [2] - 17:17, 78:25terms [21] - 3:3, 5:1, 7:4,

7:5, 13:17, 19:25, 28:2,

Smithwick Tribunal - 8 September 2011 - Day 30

Doyle Court Reporters Ltd.

18

49:23, 51:14, 51:21, 53:20, 55:27, 59:18, 90:14, 92:3, 114:18, 115:6, 133:13, 135:13, 137:24, 144:3

terrible [1] - 123:21terribly [1] - 94:2territory [1] - 117:25terrorism [2] - 94:12,

113:7terrorist [3] - 112:26,

149:29, 150:7terrorists [8] - 47:20,

48:16, 109:13, 112:4, 112:11, 116:7, 145:24, 147:1

test [1] - 42:17that.. [2] - 85:5, 125:12Thatcher [1] - 89:11THE [15] - 1:1, 49:18,

57:6, 69:7, 77:12, 83:4, 84:1, 128:12, 128:14, 139:14, 148:28, 152:22, 156:8

themselves [9] - 58:11, 79:21, 129:30, 130:9, 130:20, 138:8, 145:24, 149:10, 153:25

theory [3] - 61:21, 91:3, 91:4

there'd [1] - 151:7thereabouts [1] - 97:21therefore [4] - 43:3,

61:13, 113:12, 135:20thinking [1] - 103:15third [4] - 120:3, 150:29,

153:18, 154:13Thomas [2] - 8:10, 23:24thorough [1] - 76:16threat [1] - 88:1threats [1] - 22:7Three [1] - 89:12three [18] - 21:15, 42:11,

50:2, 51:15, 57:21, 65:12, 97:20, 109:8, 109:10, 116:10, 118:7, 120:27, 129:6, 133:17, 133:18, 151:7, 151:8, 155:3

throughout [6] - 12:11, 12:20, 22:4, 24:9, 76:2, 155:17

thrown [1] - 29:7thrust [1] - 4:6thumped [1] - 145:16Thursday [5] - 93:19,

93:21, 95:12, 96:30, 97:3

Tiernan [2] - 39:30Tierney [5] - 17:10, 23:23,

35:20, 39:27, 39:30tight [1] - 122:27timeframe [1] - 96:20timely [1] - 32:27timings [1] - 130:7tipping [1] - 56:14title [1] - 2:16today [7] - 57:23, 88:7,

109:2, 126:12, 152:1, 155:12, 155:16

together [5] - 73:11, 73:13, 85:3, 97:25, 107:19

Tom [12] - 2:27, 6:18, 8:14, 22:30, 44:15, 78:17, 78:29, 79:7, 93:15, 94:2, 125:14, 126:9

tomorrow [5] - 84:16, 84:27, 85:12, 109:2, 156:6

took [13] - 4:1, 4:12, 4:15, 16:15, 47:27, 51:12, 72:10, 77:19, 97:18, 111:3, 114:22, 142:30, 153:27

topic [2] - 35:12, 43:29topography [1] - 104:7total [5] - 20:27, 21:15,

36:3, 122:20, 149:8totally [5] - 105:6, 114:25,

149:9, 150:17touch [3] - 88:8, 124:16,

150:3touched [1] - 148:30towards [3] - 65:20,

132:9, 149:15town [3] - 33:7, 33:13,

33:20traditions [1] - 32:25traffic [2] - 28:26, 135:3trafficking [2] - 112:3trained [1] - 126:2training [1] - 87:12transfer [40] - 4:2, 4:8,

4:12, 15:14, 15:18, 15:25, 18:14, 18:17, 18:29, 19:10, 19:18, 20:1, 20:5, 22:22, 22:25, 23:14, 23:22, 26:13, 27:10, 27:11, 31:30, 32:3, 32:17, 34:27, 37:30, 38:6, 50:21, 51:2, 53:1, 53:13, 53:23, 53:24, 53:26, 63:25, 65:24, 68:16, 80:17, 87:17

transferred [12] - 14:18, 15:20, 31:10, 31:17, 34:18, 58:30, 63:29, 68:24, 87:14, 87:15, 87:20, 87:22

transferring [1] - 35:1transfers [3] - 2:17,

37:30, 38:13transmission [1] - 135:10transmissions [2] -

112:19, 135:8transmitted [1] - 114:6transpired [2] - 25:21,

71:2transport [4] - 11:1, 26:7,

26:9, 66:15trap [1] - 120:29traumatic [1] - 155:21travel [9] - 26:8, 26:9,

45:3, 45:30, 104:18, 104:19, 107:19, 115:9, 129:29

travelled [10] - 97:9, 97:15, 106:23, 106:29, 120:15, 124:5, 124:7, 134:8, 147:11, 152:3

travelling [13] - 45:5, 108:16, 108:20, 111:20, 113:21, 114:17, 117:16, 126:30, 129:30, 131:20, 146:12, 151:14, 152:14

traverse [3] - 131:27, 149:20, 151:3

traversing [2] - 130:11, 152:9

treat [2] - 101:30, 119:17treated [4] - 29:27, 64:5,

119:21, 119:24treatment [2] - 20:7, 22:3Tribunal [31] - 60:5, 60:6,

60:20, 60:23, 60:25, 67:10, 69:13, 69:19, 70:28, 71:13, 72:15, 73:25, 74:9, 76:29, 82:29, 87:7, 94:28, 101:11, 104:16, 110:18, 111:9, 114:30, 119:16, 140:19, 146:18, 148:23, 149:2, 151:24, 155:24, 155:30

TRIBUNAL [5] - 1:1, 83:4, 84:1, 128:12, 156:8

trimmings [1] - 146:2trio [1] - 98:9trip [1] - 130:27troubles [1] - 20:15Troubles' [1] - 155:17true [3] - 29:23, 124:26,

153:7trust [1] - 137:9trusted [5] - 34:3, 34:5,

137:9, 140:16, 140:17try [2] - 64:6, 71:30trying [8] - 34:15, 41:12,

61:8, 61:15, 61:16, 81:10, 81:20, 152:2

turbulent [1] - 20:15turn [12] - 3:29, 93:12,

96:30, 106:14, 106:15, 107:5, 111:27, 114:16, 115:18, 117:5, 141:1, 141:18

turned [1] - 141:14turning [2] - 103:27,

138:7twelve [1] - 107:28twenty [3] - 107:30,

132:20, 154:25twenty-five [1] - 154:25twice [2] - 121:14, 153:18two [70] - 1:5, 1:11, 3:8,

4:28, 5:27, 10:4, 16:26, 19:4, 24:26, 25:30, 26:25, 35:15, 41:21, 44:26, 46:2, 46:3, 46:10, 46:20, 59:2, 59:10, 59:13, 59:24,

59:29, 61:4, 61:13, 65:12, 66:19, 66:20, 76:24, 76:25, 77:7, 77:26, 78:2, 78:5, 78:6, 80:14, 82:5, 82:30, 83:2, 87:13, 90:4, 93:30, 94:18, 96:18, 97:19, 101:10, 102:12, 103:6, 103:16, 107:20, 107:26, 109:5, 109:8, 109:9, 110:5, 110:6, 111:10, 118:4, 121:27, 129:12, 132:12, 145:24, 147:5, 154:5, 154:8, 154:11, 155:3, 155:21

two-paged [1] - 101:10type [5] - 63:3, 64:28,

65:14, 65:19, 135:1types [1] - 138:27Tyrone [1] - 89:24

UUK [1] - 89:10ultimate [1] - 122:24ultimately [7] - 16:24,

17:5, 37:20, 54:12, 59:2, 101:2, 136:22

unable [2] - 37:10, 109:17unacceptable [1] - 53:21unauthorised [9] - 6:29,

7:13, 7:20, 9:21, 27:24, 59:4, 59:25, 80:28, 81:15

uncertainty [1] - 90:17uncomfortable [1] - 41:3uncommon [1] - 53:22unconnnectable [1] -

114:23undated [2] - 23:2, 64:14under [29] - 15:1, 15:7,

16:8, 17:1, 17:8, 17:19, 21:15, 22:19, 22:23, 29:20, 34:29, 35:13, 38:21, 43:11, 43:15, 50:6, 50:22, 55:15, 57:29, 58:8, 75:17, 84:9, 109:7, 109:26, 134:12, 140:20, 140:24, 151:24, 152:7

undercurrent [1] - 40:26understandable [2] -

78:4, 140:4understandably [1] -

12:15understood [1] - 1:6undertaking [1] - 73:15undoubteded [1] - 24:19undoubtedly [2] - 5:30,

11:30undue [1] - 127:18unexplained [1] - 35:28unfair [7] - 40:23, 41:1,

41:4, 60:29, 61:8, 65:21, 67:9

unfairly [2] - 29:27, 64:4unfavourable [1] - 115:6unfortunately [4] - 20:8,

27:18, 101:11, 101:13unhappy [2] - 99:26,

100:1Uniform [1] - 88:20uniform [14] - 14:17,

15:18, 50:29, 88:20, 88:26, 88:27, 89:3, 89:5, 90:1, 123:10, 139:24, 139:27, 142:18, 142:19

Uniformed [1] - 87:25uniformed [4] - 3:12,

3:13, 17:13, 38:7Union [1] - 11:23unique [7] - 12:13, 41:23,

41:29, 75:13, 119:24, 119:25, 133:21

unit [5] - 3:15, 20:28, 34:20, 113:10, 138:10

Unit [5] - 4:3, 19:1, 19:2, 25:28, 133:18

units [10] - 3:13, 112:23, 112:29, 113:5, 114:9, 114:13, 123:4, 138:21, 139:1

unknown [3] - 76:15, 114:22, 114:23

unless [3] - 3:17, 54:16, 132:5

unlike [2] - 53:15, 96:19unlikely [1] - 133:9unmarked [2] - 151:14,

151:17unnoticed [1] - 151:20unorthodox [2] - 41:13,

41:15unredacted [3] - 95:29,

96:5, 101:5unsecure [1] - 150:7unsubstantiated [2] -

10:4, 58:1unsupervised [2] - 34:3,

34:6UNTIL [1] - 156:8unusual [17] - 40:11,

40:24, 40:28, 41:7, 42:10, 50:27, 51:3, 53:28, 53:29, 57:14, 94:17, 94:21, 94:27, 119:23, 125:4, 125:9, 132:29

unveiling [2] - 25:21, 64:24

unwell [2] - 20:8, 37:10up [51] - 1:11, 5:12, 6:22,

13:17, 15:18, 15:22, 19:20, 19:28, 25:26, 25:29, 32:8, 36:14, 37:10, 38:15, 39:24, 44:27, 47:26, 47:29, 48:12, 58:24, 69:28, 70:8, 70:29, 77:18, 78:28, 85:4, 90:26, 93:12, 93:29, 97:8, 97:21, 112:5, 113:30, 120:2, 126:29, 128:26, 130:10, 137:8, 138:3, 140:7, 141:1, 141:15,

Smithwick Tribunal - 8 September 2011 - Day 30

Doyle Court Reporters Ltd.

19

141:18, 141:25, 142:11, 147:11, 147:23, 151:5, 151:22, 153:28

upper [1] - 110:30urgency [3] - 84:18,

105:6, 151:26urgent [3] - 65:5, 101:30,

156:3useful [6] - 12:2, 123:19,

140:9, 140:12, 142:27, 142:29

utterly [5] - 99:6, 127:5, 150:17

Vvacancies [1] - 32:15vacancy [2] - 32:11,

32:13vagaries [1] - 149:6vague [1] - 27:19Valentine [4] - 84:3,

135:3, 142:30, 152:20VALENTINE [20] - 1:11,

1:15, 82:26, 84:6, 84:11, 84:21, 85:18, 85:26, 86:4, 87:2, 87:4, 107:13, 110:26, 127:14, 128:6, 152:22, 152:24, 155:5, 155:12, 155:28

valuable [6] - 4:21, 12:2, 12:4, 13:26, 24:19, 142:6

value [2] - 56:26, 113:2van [1] - 142:12vans [1] - 150:10varied [1] - 60:13various [11] - 16:10, 17:7,

20:24, 38:3, 38:11, 71:17, 71:27, 90:23, 100:19, 128:30, 138:30

vast [1] - 10:30Vauxhall [1] - 133:2Vectra [1] - 133:2vehicle [11] - 114:26,

115:9, 115:12, 133:1, 134:14, 134:17, 134:30, 147:12, 150:30, 151:2, 151:21

vehicles [18] - 9:22, 27:25, 114:22, 114:28, 115:1, 115:2, 115:3, 115:4, 115:7, 115:11, 120:27, 129:22, 134:1, 151:7, 151:11, 151:15, 151:17, 152:14

veracity [1] - 100:24verbally [4] - 114:7,

114:8, 131:12, 131:13verifiable [1] - 126:20verified [1] - 68:7vernacular [1] - 129:27version [5] - 95:29, 96:1,

96:5, 101:6, 101:7versions [1] - 98:24veto [1] - 33:3vexations [1] - 58:2via [4] - 97:9, 97:15,

101:25, 106:30vicinity [2] - 121:22,

121:27victims [1] - 47:27view [34] - 3:4, 5:3, 5:5,

10:9, 12:11, 12:19, 12:20, 14:6, 16:7, 16:15, 17:30, 21:27, 30:21, 31:1, 43:17, 43:20, 43:21, 43:24, 45:21, 47:3, 47:8, 47:10, 51:17, 55:27, 78:11, 100:5, 100:14, 100:28, 100:29, 101:25, 112:22, 113:18, 114:8, 138:9

viewed [1] - 143:28views [2] - 4:27, 67:13Vincent [2] - 9:7, 80:10VIPs [1] - 48:17virtually [2] - 95:21, 118:5visit [11] - 69:11, 69:14,

69:25, 69:27, 70:6, 70:30, 71:1, 73:10, 73:20, 129:24

visited [1] - 20:23visiting [2] - 44:25, 44:28visits [2] - 47:23, 150:3vital [2] - 98:14, 142:13volition [1] - 136:5volunteer [1] - 65:8

Wwages [1] - 82:2wait [2] - 73:29, 151:28waiting [2] - 114:15,

151:11wake [1] - 113:27walking [1] - 3:18wants [2] - 58:18, 128:4warned [1] - 137:27warrant [1] - 100:28warranted [1] - 100:13warren [1] - 135:26wary [1] - 5:6WAS [10] - 2:1, 49:18,

57:6, 69:7, 77:12, 87:1, 128:14, 139:14, 148:28, 152:22

watch [1] - 134:16ways [1] - 143:20weakness [1] - 34:22weapon [3] - 111:16,

111:23, 114:3weaponry [1] - 149:29weapons [5] - 111:13,

111:14, 111:21, 114:2Wednesday [5] - 93:20,

93:21, 95:9, 96:26week [8] - 105:7, 107:23,

117:28, 133:10, 145:29, 151:28, 153:18, 153:19

week's [1] - 82:2weekend [2] - 105:26,

106:13weekly [1] - 93:5weeks [6] - 33:18, 96:18,

115:18, 116:10, 134:28weighed [1] - 13:27welcome [1] - 33:5welcomed [2] - 32:18,

52:9Well.. [1] - 124:18whatsoever [3] - 73:17,

121:16, 146:20whereabouts [1] - 91:10whereas [1] - 24:27whichever [1] - 139:3whilst [2] - 53:20, 64:23white [1] - 120:9whole [7] - 36:6, 45:28,

48:15, 60:3, 137:11, 146:15, 153:11

wholly [2] - 104:22, 105:4widespread [1] - 22:4wife [3] - 26:23, 123:14,

142:10wife's [3] - 20:6, 26:18,

31:2will.. [1] - 127:20wise [1] - 109:9wish [9] - 16:5, 18:27,

22:25, 32:11, 85:11, 86:15, 131:27, 144:16, 144:17

wished [3] - 11:10, 19:30, 115:8

wishes [2] - 77:9, 101:24wit [2] - 127:25, 127:28withdraw [1] - 16:20withdrawn [1] - 131:26Witness [34] - 1:3, 84:11,

86:5, 97:12, 97:14, 97:17, 98:22, 98:28, 98:30, 99:14, 99:15, 101:15, 102:22, 104:16, 106:18, 107:13, 110:16, 110:26, 112:22, 117:5, 120:5, 127:14, 136:26, 139:12, 139:18, 145:8, 149:12, 150:4, 150:14, 150:28, 152:2, 154:3, 155:6, 155:15

WITNESS [10] - 1:10, 49:18, 57:6, 69:7, 77:12, 87:1, 128:14, 139:14, 148:28, 152:22

witness [38] - 1:4, 40:27, 40:30, 41:9, 81:8, 81:24, 82:26, 84:4, 84:16, 84:27, 85:23, 86:4, 86:5, 86:11, 87:4, 87:6, 98:28, 98:30, 99:16, 113:29, 114:6, 126:11, 128:4, 128:6, 128:9, 128:24, 132:8, 137:7, 147:26, 147:30, 148:30, 152:25, 154:3, 155:8, 156:4, 156:5

witness's [2] - 86:7, 155:28

witnessed [5] - 124:9, 124:25, 138:2, 138:4, 143:8

witnesses [4] - 1:5,

Smithwick Tribunal - 8 September 2011 - Day 30

Doyle Court Reporters Ltd.

20

71:23, 72:11, 132:28wonder [4] - 6:22, 55:10,

69:11, 97:1wondering [1] - 138:18word [1] - 135:16words [9] - 7:14, 60:13,

60:16, 69:18, 107:9, 131:27, 138:26, 138:27, 138:30

works [2] - 103:23, 103:24

world [1] - 126:2worried [1] - 146:12worse [2] - 141:7, 144:2writing [6] - 7:10, 7:20,

9:27, 105:3, 105:5, 155:30

written [3] - 18:28, 21:10, 75:22

wrongly [1] - 53:22wrote [5] - 6:24, 7:9,

15:26, 29:16, 62:2

Yyear [4] - 14:7, 36:24,

49:29, 87:15years [33] - 11:28, 13:30,

17:28, 20:15, 21:20, 35:7, 38:13, 39:2, 39:3, 44:10, 48:15, 49:28, 50:2, 51:15, 51:29, 57:21, 76:24, 76:25, 76:26, 87:13, 87:20, 98:11, 105:10, 111:18, 112:26, 116:18, 133:16, 137:8, 142:21, 143:13, 146:23, 147:5

yes.. [1] - 93:20yesterday [1] - 109:2yielded [1] - 13:14young [2] - 142:10,

142:11yourself [11] - 56:11,

57:18, 74:10, 78:15, 80:16, 92:8, 106:5, 108:20, 127:20, 129:4, 154:14

yourselves [1] - 122:15

Zzone [16] - 87:28, 88:25,

89:7, 89:11, 89:12, 89:21, 89:27, 89:29, 90:2, 91:2, 91:7, 92:22, 94:30, 108:12, 124:6, 125:8

££150 [3] - 36:3, 59:26,

81:16